Know your vote. Take a look at your sample ballot now!

Police union collective bargaining agreement for the state of Vermont (2022-2024)

From Ballotpedia
Jump to: navigation, search
Criminal Justice Banner Gray.png
Police hiring, training, and discipline
Criminal Justice Icon 200x200.png

Police collective bargaining agreements (CBAs)
Ballotpedia CBA dashboard
Reform proposals
CBA areas of inquiry and disagreement
Arguments about police collective bargaining
Index of articles about criminal justice policy
Click here for more analysis of police hiring, training, and disciplinary requirements by state and city on Ballotpedia

A collective bargaining agreement (CBA), in the context of police union contracts, is a contract between a state, city, or other governing entity and a police union to establish rights, protections, and provisions for law enforcement officers. What follows is the text of the Agreements Between the State of Vermont and the Vermont Troopers' Association entered into by the state of Vermont and the Vermont Troopers' Association) on July 1, 2022, which expired on June 30, 2024.[1]


Article 1. VTA Recognition

Text of Article 1:[1]

The State of Vermont recognizes the Vermont Troopers' Association, Inc. as the exclusive representative of all sworn Vermont State Police Officers below the rank of Lieutenant. The State shall notify VTA of all changes in designations and designations of newly created positions.

During the life of this Agreement, the State will not designate an incumbent employee into the Supervisory Bargaining Unit of the Vermont State Employees Association, Inc. unless there has been a change of duties.

Fifteen (15) days before notifying an affected employee, the State, shall under separate cover, mail to VTA a copy of the form denoting a change in Bargaining Unit Designation. The State will include in the notice to VTA documents used to make the determination such as organization charts in the following instances:

(a) New classes created and designated as Managerial, Confidential, or Supervisory; or

(b) Filled positions whose designation changes without a change in classification. At VTA's request, the State will meet to discuss any such designation. Employees whose designation changes for reasons other than a reclassification will be notified with a brief explanation of the decision and a statement of the employee's right to appeal the designation to the Vermont Labor Relations Board. The "Change in Unit Designation" shall state explicitly both the old and new designations.

The memorandum of agreement regarding the contract rights of Employees during Original Probationary Periods shall be incorporated as an Appendix to this Agreement.[2]

Article 2. Management Rights

Text of Article 2:[1]

Subject to law, rules and regulations, including, for example, 3 V.S.A. 311(a)(10) and 3 V.S.A. 327(a), and subject to terms set forth in this Agreement, nothing in this Agreement shall be construed to interfere with the right of the Employer to carry out the statutory mandate and goals of the agency, to restrict the State in its reserved and retained lawful and customary management rights, powers and prerogatives, including the right to utilize personnel, methods and means in the most appropriate manner possible; and with the approval of the Governor, take whatever action may be necessary to carry out the mission of the agency in an emergency situation. The statutory references in this paragraph are illustrative and do not confer the right to arbitrate their substantive terms.

Consistent with statutory authority the State may contract out work as provided in paragraph 3 of this Article and may discontinue services or programs, in whole or in part. As a result of such discontinuance a permanent status employee who is laid off shall have reduction in force rights under the Reduction In Force Article.

(a) No classified employee will be laid off as a result of contracting out except as provided in Title 3, Chapter 14, Vermont Statutes Annotated. Prior to any such lay off or other job elimination under this paragraph the VTA will be notified and given an opportunity to discuss alternatives. A permanent status employee who, as a result of contracting out, loses his/her job will be deemed to have been reduced in force under the Reduction In Force Article.

(b) When a State agency contemplates contracting out bargaining unit work and publishes a formal request for proposal, a concurrent notice of such publication will be sent to the VTA Director and the Department of Human Resources. Upon request, VTA shall be permitted to inspect the RFP specifications.

(c) Notice to VTA: The notice of publication of an RFP, that may result in the layoff of State employee(s), shall serve as notice to VTA of intent to contract out and shall give VTA the opportunity to discuss alternatives. Such notice must be sent at least thirty-five (35) days before the effective date of any Reduction in Force (RIF) and at least five (5) days before any employee is officially notified of layoff. The period for discussing alternatives may begin at VTA's request following receipt of notice of publication, and shall overlap the period for discussing alternatives under the RIF Article and shall terminate at the same time as the end of the discussion period under the RIF Article.

The Employer may determine that a reduction in force is necessary due to lack of work or otherwise pursuant to management rights.

The parties will negotiate as required by law over any dispute arising under paragraph 1, provided said condition of employment is a mandatory bargaining subject. The parties shall meet within ten (10) days (unless mutually agreed to extend) after a request for negotiations by either party and thereafter on a regular basis. At the end of a forty-five (45) calendar day period, which shall commence with the beginning of negotiations, the State may implement any proposed change or new condition of employment, whether or not the parties will have bargained to genuine impasse. The VTA shall retain all statutory impasse procedure rights as may be lawfully available to VTA during the life of this Agreement except as otherwise provided in the Employee Workweek/Work Location/Work Shift Article. With respect to any dispute under paragraphs 2, 3, and 4, the parties agree that they have fully bargained and any disputes thereunder will be processed according to the grievance procedure.

A dispute whether contracting out is consistent with statutory authority shall be processed initially through the grievance procedure. If the grievance remains unresolved at Step III, to the extent it involves contract issues other than consistency of contracting out with statutory authority, such grievance shall be submitted to the VLRB at Step IV. However, the issue of whether contracting out is consistent with statutory authority shall not be appealable to the VLRB at Step IV but may be litigated in court. In any such court action, the State agrees not to raise as an objection or defense the failure of the VTA to appeal that issue to VLRB or to exhaust VLRB procedures prior to commencing such court action.[2]

Article 3. VTA Rights

Text of Article 3:[1]

The Employer shall not enter into any consultations, agreements, or informal discussions regarding employment relations matters with any other organization or individual purporting to represent any group of employees, and must not engage in any type of conduct which would imply recognition of any organization, group, or individual other than the VTA as a representative of the employees in this bargaining unit. This is not intended to supersede the provisions of 3 V.S.A. Ch. 27, 941(j).

VTA Executive Board members or Station Representatives shall be allowed to visit any State Police facility, worksite, or office in their designated areas of responsibility for the purpose of receiving or investigating grievances or complaints.

VTA TIME OFF Subject to the efficient conduct of State business, which shall prevail in any instance of conflict, permission for reasonable time off during normal working hours without loss of pay and without charge to accrued benefits shall not be unreasonably withheld. The VTA shall provide written notice of the meeting and date to the Department of Human Resources, for those meetings outlined in subsections (a)-(h) below, with as much notice as possible. Subject to the foregoing, time off shall be granted in the following instances to: (a) Members of the VTA Executive Board to attend twelve (12) regular Executive Board meetings and up to two (2) special Executive Board meetings a year; (b) Members of the VTA Board of Directors for attendance at any of the four (4) regular Board meetings per year. The State may grant permission for attendance at not more than one (1) additional special meeting; (c) To the treasurer of the VTA to conduct treasury business, not to exceed five (5) hours per month. Such time off shall apply if the treasurer is a Station Representative and is credited towards the Station Representative's time off; (d) To representatives of the VTA to attend meetings of the VTA's national affiliate, not to exceed an aggregate of two hundred forty (240) hours per fiscal year. No one representative may utilize more than one hundred (120) hours of this time per fiscal year. (e) VTA President, up to one hundred thirty-five (135) hours per year, subject to the operating needs of the department for conduct of unit Labor Relations/Contract Administration business; (f) Station Representatives or Executive Board members for the processing and handling of complaints and grievances, including necessary appearances at all steps of the grievance procedure; up to one hundred (100) hours per Station Representatives or Executive Board members per year shall be considered a reasonable time for processing and handling of complaints and grievances, and may be extended by mutual agreement in any instance; Up to twelve (12) Station Representatives (one (1) for each Station and one (1) for headquarters). An additional Station Representatives shall be allowed for each new barracks which opens during the life of this Agreement; (g) Station Representatives for attendance at up to four (4) training sessions per fiscal year. An employee will not be permitted more than a total of two hundred forty (240) hours, three hundred (300) for the VTA President, time off in any fiscal year under paragraphs 3, subsections (a)-(f) (h) Members of the bargaining committee to attend bargaining sessions scheduled by or with the State. Members of the bargaining team to attend up to six (6) meetings, scheduled on or after February 1 of the year in which bargaining is scheduled to commence, to prepare for bargaining. Additional meetings may be approved at the sole discretion of the State's Director of Labor Relations. Members of the bargaining team who are assigned second or third shift shall be excused from their shift on an hour for hour basis, on any day when time off under this section is granted, in their capacity as a member of the team. The Department may elect for a period of time during contract talks to assign the employee to first shift. Except in the instance of conflicting State business, the State shall make a reasonable effort to assist employees on non-standard work weeks, who are scheduled for bargaining meetings with the State, by accommodating a request by the employee to readjust his/her schedule in order to preserve days off. Normally, the rescheduling will take place within the same pay period, with no guarantee of back-to-back days off when rescheduling occurs. The State shall not compel the employee to work more than a regular shift as part of the rescheduling, unless by mutual agreement of the employee and supervisor. Any such rescheduling shall be for a full workday off, unless by mutual agreement of the employee and supervisor. VTA reserves the right to cancel the meeting when the absence of a team member results from inability to reschedule. VTA agrees to hold the State harmless from VTA grievances relating to any complaint(s) due to rescheduling of a team member. (i) Members of Labor Management Committees for meetings scheduled by the State and VTA; The State will include in its package of written information for new employees a VTA informational brochure, provided by the VTA, identifying it as the exclusive bargaining agent. Not later than two (2) weeks after entry into the bargaining unit, the State will provide each employee with a copy of the informational brochure and the applicable collective bargaining agreement within two (2) weeks, or for departments which do not have a pre-existing informational packet system, at the time payroll deduction and tax forms are given to the employee to be filled out.

The State shall provide the VTA with sufficient space on all State bulletin boards generally accessible to employees for the purpose of posting VTA information.

Union organizing activity will not be conducted on State premises during scheduled work time, excluding all authorized breaks and meal periods.

If space is readily available on the premises, the employer shall provide places where VTA staff, representatives, and/or VTA Station Representatives and Executive Board members can confer privately during working hours with employees regarding any complaints or grievances they may have. Such places shall be within the VTA Station Representative's designated area of responsibility. The State shall provide space for VTA meetings during non-duty hours when these meetings do not conflict with established plans of the State. The VTA must request the use of this space through the appropriate appointing authority as far in advance of the anticipated meeting as is practical. For securing space to conduct VTA elections, polling space shall be requested at least two (2) weeks in advance.

The VTA President or his or her representative shall be allowed to visit any State Police facility, office or work location during working hours for the purpose of conducting VTA business or investigating an employee complaint or grievance, provided that permission is obtained in advance from the appropriate managers, if available, and provided that such meetings do not adversely affect the efficient conduct of State business. Permission shall not be unreasonably withheld.

A VTA Station Representatives and Executive Board members, and/or a VTA staff representative may be permitted to attend any meeting held by an agency, department or worksite when permission is granted by the appropriate Manager.

VTA shall have exclusive payroll deduction of membership dues. Dues, to include any VTA approved insurance program premiums, shall be deducted on each payday from each bargaining unit employee who has designated VTA as their representative. The amount of dues to be deducted will be certified by the VTA to the Payroll Division.[2]

Article 4. No Strike Clause

Text of Article 4:[1]

During the life of this Agreement, the VTA and employees covered by this Agreement will not engage in any strike. The State acknowledges its obligation to refrain from any form of discrimination, reprisal or retaliation which is based on union activity, in violation of State Law.[2]

Article 5. No Discrimination or Harassment; and Affirmative Action

Text of Article 5:[1]

NO DISCRIMINATION, INTIMIDATION OR HARASSMENT: In order to achieve work relationships among employees, supervisors and managers at every level which are free of any form of discrimination, neither party shall discriminate against, nor harass any employee because of race, color, religion, creed, ancestry, sex, marital status, age, national origin, handicap, sexual orientation, gender identity, workers compensation, nursing mothers (breastfeeding), credit history, flexible work arrangements, parental and family leave, membership or non-membership in the VTA, filing a complaint or grievance, or any other factor for which discrimination is prohibited by law.

AFFIRMATIVE ACTION PROGRAMS: It shall be a goal and an objective of the State to develop and implement positive and aggressive affirmative action programs to redress the effects of any discrimination and to prevent future discrimination in personnel actions which affect bargaining unit personnel. The VTA shall furnish input in the development of such programs. ENFORCEMENT RESPONSIBILITIES: (a) By the Employer - The State acknowledges its duty to practice good faith implementation of the goals contained in this Article. The employer further acknowledges its duty to inform employees of their obligation not to discriminate, intimidate or harass employees under applicable law, policy or this Agreement, and of their obligation to adhere to any affirmative action plan or program that may be developed under applicable law or this Agreement. The employer will notify employees, supervisors or managers at every level that any person who by action or condonation, subjects another employee to harassment in the form of uninvited physical or verbal attention, insults or jokes based upon a factor for which discrimination is prohibited by law, or who invites or provokes such conduct, shall be subject to appropriate discipline. (b) By the VTA (1) The VTA acknowledges its obligation to inform its members, officers, and agents of their obligations to abide by the laws, regulations and policies which prohibit discrimination, intimidation, or harassment. (2) The VTA further acknowledges its obligation to train its officers, agents and stewards to be sensitive to the requirements of this Article.[2]

Article 6. Exchange of Information

Text of Article 6:[1]

The Department of Human Resources shall furnish the VTA with the records and documents specified in this section as they become available unless the State discontinues their compilation: (a) One (1) copy of each Agency of Administration bulletin. (b) Lists of new employees, separations, transfers, position reallocations, reassignments, and promotions on the condition that the VTA provide necessary clerical assistance to extract this information from Department of Human Resources records. (c) On a one (1) time basis, single copies of all forms currently in use by the Department of Human Resources to maintain records, implement policies, and furnish information to management and supervisory personnel; on a continuing basis, single copies of any new forms designed to serve these purposes. The VTA shall furnish the Department of Human Resources with the following information and documents, and amendments or changes to these documents as they become available: (a) A list of the VTA's officers, Executive Board, Board of Directors, and standing committee members. (b) A list of the VTA's Station Representative's, the Station Representative's places of employment and designated areas of responsibility; Upon request by the VTA, information which the State is required to furnish under this Article which can be made available in a computer-tape or other machine-readable format shall be furnished in such format to the VTA providing, however, that such request would not result in more than a negligible cost differential relative to hard copy.

(a) The State will also provide such additional information as is reasonably necessary to serve the needs of the VTA as exclusive bargaining agent and which is neither confidential nor privileged under law. Access to such additional information shall not be unreasonably denied. Failure to provide information as required under this Article may be grieved through the grievance procedure to the Vermont Labor Relations Board; provided, however, the VTA agrees that it will not pursue under this Agreement or under 1 V.S.A., Sections 315 to 320, disclosure of a document which the State asserts in good faith is a privileged matter of labor relations policy as, for example, a strike contingency plan. (b) Notwithstanding the above, in matters involving disciplinary action, performance corrective action, and Steps I- III of the grievance procedure, such additional information shall be limited to evidence upon which the State relied when taking the disputed action and that has a direct bearing on material issues of genuine dispute. This subsection is not intended to, in any way, limit the Parties use of the discovery process at Step IV of the grievance procedure.[2]

Article 7. Labor Management Committee

Text of Article 7:[1]

Except as otherwise provided by law, a Departmental labor/management committee consisting of the Commissioner and/or designee(s) and representatives of the VTA shall be established and shall meet quarterly for the purpose of discussing departmental rules and other professional matters of mutual concern.

Employee representation on the labor/management committee may consist of up to seven (7) unit members at not more than two (2) meetings per year; otherwise, not more than four (4) members. Participation at a labor/management meeting may be expanded upon agreement of the parties to include a State Police member from the Supervisory Unit selected by the members of that Unit when the subjects to be discussed encompass department-wide matters.

Agreements which result from labor-management discussions shall not produce any modifications to the collective bargaining agreement unless signed off by the VTA's Director(s) and the Secretary of Administration. Participation in labor-management discussions shall not be construed as a waiver of the right of access to the collective bargaining process over mandatory subjects for collective bargaining.

Concerns and issues held by VTA concerning the ADA/ADAAA and the State's Reasonable Accommodation policy may be presented to the statewide labor-management committee.[2]

Article 8. Child Care and Elder Care

Text of Article 8:[1]

The State Child-Elder Care Committee, shall continue to monitor existing child and elder care programs, recommend the expenditure of funds committed to it under this article, and investigate other options for providing child care and elder care services to all State employees regardless of bargaining unit status. The Committee may recommend, to the Secretary of Administration, the expenditure of funds committed to it under this Article. The committee shall concentrate efforts to develop programs in geographic locations not currently serviced by an existing program.

The Department of Human Resources shall be responsible for providing administrative/clerical support for the Committee and shall be authorized to expend funds allocated under this Article at a level equal to the amount authorized, on average, for administrative/clerical support services to the committee over the past three (3) fiscal years.

No program shall receive funding for more than two (2) consecutive fiscal years, except with the express approval of the Secretary of Administration.

During the life of this Agreement the State will allocate one hundred and forty thousand dollars ($140,000) per fiscal year.

The parties agree that the State shall have the right to use State Health Insurance Plan funds to cover the administrative costs of operating the medical and dependent care flexible spending account programs.[2]

Article 9. Employee Assistance Program

Text of Article 9:[1]

The State will develop and maintain an Employee Assistance Program and will meet and confer with VTA prior to implementing in the Departments and Agencies. VTA recognizes the value of employee assistance and will assist in developing the program and encourage troubled employees to participate in an effort to avoid the necessity for discipline or corrective action because of impaired work performance. Employees participating in the Employee Assistance Program will be assured of strict confidentiality. TOTAL WELLNESS PROGRAM: The Department of Public Safety shall create a unit within the Department for the purpose of developing health programs to address issues related to employee health stress. At least one (1) current employee of the VTA will be a member of this unit. Effective January 1, 1995, the State will allocate up to thirty thousand dollars ($30,000) for the purpose of retaining suitable mental health services for Department employees. Implementation of this program may be an appropriate subject for discussion by the Department Labor-Management Committee.[2]

Article 10. Background Checks

Text of Article 10:[1]

The State may, at its sole discretion, conduct any background checks it deems appropriate, including but not limited to, fingerprint supported background checks, credit checks and registry checks, to comply with any Federal and/or State statute or regulation. Should the State determine that a classification is subject to a background check, as described above, the State shall notify the VTA, and will meet, if requested within ten (10) calendar days, on a regular basis, to negotiate the impact of such decision for up to forty-five (45) calendar days. If unresolved at the end of the forty-five (45) calendar day period commencing from the date VTA requests negotiations the State may implement the background check without further negotiations or recourse to the statutory impasse procedure.[2]

Article 11. Employee Personnel Records

Text of Article 11:[1]

Except for pre-employment documents as may be maintained at the Department of Human Resources, an employee's official personnel file is that file maintained by the Department of Human Resources on behalf of an employee's agency or department and shall accompany the employee to his or her new agency in case of permanent transfer. The employing agency or department shall inform the employee where his or her official personnel file is being maintained.

With the exception of material that is confidential or privileged under law, an employee will be allowed access to his/her official personnel file during normal working hours. Subject to the exception stated above, copies of all documents and materials placed in an employee's official personnel file after July 1, 1986, are to be given, on a one (1) time basis, to the employee at no cost to the employee. Additional copies will be provided to the employee and/or his or her representative at the employee's request at the going rate for photocopy cost per page.

Any material, document, note, or other tangible item which is to be entered or used by the employer in any grievance hearing held in accordance with the Grievance Procedure Article of this Agreement, or hearing before the Vermont Labor Relations Board, is to be provided to the employee on a one (1) time basis, at no cost to him or her.

The employee has the right to provide written authorization for his or her bargaining representative or attorney to act for him or her in requesting access to his or her personnel file and receiving the material he or she is entitled to have in accordance with the preceding part of this Article. The State or its agents are to honor this authorization upon its receipt for the purpose of investigating a potential grievance or for processing an existing grievance, but not as a blanket authorization.

Letters of reprimand or warning, supervisors' notes, or written records of relief from duty (including investigation notes) which are more than two (2) years old and have not resulted in other discipline or adverse performance evaluation against the employee will be removed, on the employee's request, from the employee's official personnel file and destroyed. No grievance material or any other VTA-related material will be placed in an employee's official personnel file. Grievance material or any other VTA-related material placed in an employee's official personnel file prior to the effective date of this Agreement shall be removed upon the request of the employee.

An employee shall be allowed to place in his or her official personnel file a written rebuttal to a letter of reprimand, suspension, warning, counseling letter, or performance evaluation. Such rebuttal must be submitted within thirty (30) workdays after receipt of such adverse personnel action (except in case of a later grievance settlement).

An employee, with the concurrence of the appointing authority, shall have the option of placing in his or her official personnel file any work-related commendations.[2]

Article 12. Performance Evaluation

Text of Article 12:[1]

Timing of Evaluations: Annual performance evaluations shall normally take place near the anniversary date of completion of original probation. However, as to employees who have been rehired as a restoration or after a reduction in force, the date of rehire shall be the anniversary date for the annual evaluation. The Human Resources Department will attempt to secure agency cooperation in conducting the evaluation process in reasonable relationship to the above schedule. Failure to conduct a timely annual rating shall not be grievable; provided, however, that after fifteen (15) days' notice of intent to the Commissioner of Human Resources the VTA retains the right to pursue judicial remedies for failure to comply with the provisions of 3 V.S.A. Section 322. Deadline for Evaluation Meetings: A meeting to discuss an evaluation shall be held within forty-five (45) days after the applicable anniversary date, or after the end of any prescriptive period for remediation ('PPR') or warning period. This deadline may be extended to accommodate the employee's absence from work. Where the deadline is not satisfied, the employee shall be granted an annual overall presumptive rating equal to their last annual overall rating, but not less than Meets Job Expectation. However, if the time for annual evaluation falls during a PPR or warning period (See Disciplinary and Corrective Action Article, Section 3(b)(2) & (3)), the annual evaluation shall be waived, and the last evaluation in such process shall be deemed to be the annual evaluation. In the event the time for annual evaluation falls subsequent to the issuance of a notice of performance deficiency (Step I) but prior to the commencement of a PPR, the employer may issue an evaluation which does not supersede the previously issued notice. A special evaluation may be used at any time except it shall not be used as a late annual evaluation. Written feedback furnished to an employee which would have constituted the annual evaluation had it been timely conducted, shall not be considered as an evaluation, shall not be placed in the employee's file at the time of issuance, shall not be grievable and does not require the presence of a union representative. Notwithstanding the above language, each employee shall be evaluated on an annual basis. Their performance evaluation schedule applicable shall be according to station area. The schedule for Station evaluations will be: January - New Haven March - Westminster April - Middlesex May - Royalton June - Headquarters July - Williston August - St. Albans September - St. Johnsbury October - Derby and Bradford November - Rutland December - Shaftsbury Each Station's evaluation notification will be sent to the Station one (1) month prior to the month in which they are due. Performance evaluation forms for each employee will be due by the end of the appropriate month. If an officer was evaluated during the six (6) months prior to the Station schedule due date, (s)he need not be evaluated at that time. The determination of performance evaluation standards and criteria is understood to be the exclusive prerogative of management, provided, however, the State will notify VTA, forty-five (45) days prior to the date of implementation, of any proposed change in the form or of such standards and criteria as they appear on the form and give VTA an opportunity to respond and suggest alternatives to the changed form prior to its implementation. Employees shall be shown their performance evaluation after the evaluation has been finalized by management. One (1) copy of the rating form shall be provided to the employee as official notice of his or her rating, and one (1) copy shall be retained by the agency for inclusion in the employee's official personnel file. The immediate supervisor shall discuss the rating with the employee, calling attention to particular areas of performance and, when necessary, pointing out specific ways in which performance may be improved. During the rating year, the immediate supervisor shall call the employee's attention to work deficiencies which may adversely affect a rating, and, where appropriate, to possible areas of improvement. The immediate supervisor will accommodate a reasonable request by an employee for a meeting to discuss any such work deficiency, suggested improvement, or rating, or any performance evaluation standard or criterion that the employee considers unreasonable or unachievable. At the time an employee is shown his or her evaluation and is furnished with a copy thereof, (s)he shall be notified that: (a) His or her signature on the evaluation form signifies receipt only, and not agreement with its contents; (b) The employee has the right to submit a written rebuttal to the evaluation. This rebuttal shall be reviewed and initialed by all supervisors who participated in the evaluation. The employee's written response shall accompany the supervisor's evaluation in the employee's official personnel file. The employee copy of the rating shall constitute official notice to the employee of his/her rating.[2]

Article 13. Outstanding Performance

Text of Article 13:[1]

Each department/agency which does not have a functioning performance review process, shall form a performance policy committee including not more than three (3) agency employee members selected by the VTA. The committee may give input on the agency's outstanding performance policy criteria. Not more than three (3) agency employees selected by the VTA may give similar input to department/agency panels which exist on the effective date of this Agreement. Upon recommendation of the appointing authority and approval of the Commissioner of Human Resources an employee may at any time receive a special salary adjustment for outstanding performance, a special project or otherwise. Adjustments may be in the form of a nonrecurring bonus, or if not at maximum, an increase in base pay. At the employee's request and with the approval of the appointing authority, a performance bonus may be paid in compensatory time off in lieu of cash. Nothing in this article shall prevent management from utilizing rewards such as time off, prizes, awards, gifts, etc. in addition to or in lieu of cash awards.[2]

Article 14. Disciplinary and Corrective Action

Text of Article 14:[1]

DEFINITIONS (a) "Disciplinary Action" is any action taken by the Commissioner as a result of an employee's violation of the Code of Conduct. Forms of disciplinary action include written reprimand, transfer, reassignment, suspension without pay, forfeiture of pay and/or other rights, demotion, dismissal, or a combination thereof. (b) "Corrective Action" is any action taken by the Commissioner or designee as a result of an employee's substandard job performance. Forms of corrective action include oral notice of performance deficiency, written performance evaluation, placement in a warning period, transfer, reassignment, demotion, dismissal, or a combination thereof. A transfer, reassignment, demotion, or dismissal effected as a corrective action does not constitute a disciplinary action or discipline for any purpose. DISCIPLINARY ACTION (a) No disciplinary action shall be taken without just cause. (b) Disciplinary proceedings shall be instituted within a reasonable time after the violation of the Code of Conduct occurred or was discovered and disciplinary action shall be taken within a reasonable time after disciplinary charges have been proved or admitted. Non-criminal internal investigations should normally be completed within thirty (30) work days, and notice of disposition should normally be given within thirty (30) work days after completion of the investigation. (c) Disciplinary action will be applied with a view toward uniformity and consistency. CORRECTIVE ACTION (a) No corrective action will be taken without just cause. (b) As a general rule, corrective action shall be taken in the following progressive fashion: (1) oral notice of performance deficiency; (2) written performance evaluation, special or annual, with a prescriptive period for remediation, specified therein, normally three (3) to six (6) months; (3) warning period of thirty (30) days to six (6) months, which warning period may be implemented during a prescriptive period if performance has not improved since the written performance evaluation; (4) transfer, reassignment, demotion, dismissal, or a combination thereof. (c) In any case in which corrective action in one or more of the forms specified in Section 3(b)(4), above, is taken the Vermont Labor Relations Board shall sustain the corrective action as being appropriate unless the grievant can meet the burden of proving that the corrective action was arbitrary and capricious or that progressive corrective action was bypassed inappropriately. In a case in which the Vermont Labor Relations Board determines that such corrective action was arbitrary and capricious, it shall have the authority to substitute a different form of corrective action for that taken. The Department shall, on a one (1) time basis, notify each member of the Bargaining Unit in writing that: Whenever an employee is required, by his or her supervisor or management, to give oral or written statements on an issue involving the employee, which may lead to discipline against the employee, or whenever an employee is called to a meeting with management where discipline is to be imposed on the employee, he or she has the right to request the presence of a VTA representative and, upon such request, the VTA representative shall have the right to accompany the employee to any such meeting.[2]

Article 15. Grievance Procedure

Text of Article 15:[1]

PURPOSE (a) The intent of this Article is to provide for a mutually satisfactory method for settlement of complaints and grievances, as defined in Section 2 of this Article, filed by an individual, or the duly certified bargaining representative. It is expected that employees and supervisors will make a sincere effort to reconcile their differences as quickly as possible at the lowest possible organization level. (b) This procedure shall be applicable to all employees represented by VTA. DEFINITION (a) "Complaint" is an employee's or group of employees' informal expression to the immediate supervisor of dissatisfaction with aspects of employment or working conditions under a collective bargaining agreement that are clearly identified to the supervisor as a grievance complaint. (b) "Grievance" is an employee's, group of employees' or the employee's collective bargaining representative's expressed dissatisfaction, presented in writing, with aspects of employment or working conditions under a collective bargaining agreement or the discriminatory application of a rule or regulation. (c) A grievance shall contain the following information: (1) The full name and address of the party or parties submitting the grievance; (2) Identification of the State agency, department, or institution involved; (3) A statement of the facts concerning the grievance; (4) Specific references to the pertinent section(s) of the contract or of the rules and regulations alleged to have been violated; (5) A statement of the specific remedial action sought; (6) A request for a grievance meeting, if desired. GRIEVANCE PROCEDURE The following procedures are established for settlement of complaints and grievances. (a) Step I (Immediate Supervisor Level) (1) The employee, or his/her representative, or both, shall notify his/her immediate supervisor of a complaint within fifteen (15) workdays of the date upon which the employee could have reasonably been aware of the occurrence of the matter which gave rise to the complaint. The notice shall clearly identify the matter as a Step I grievance complaint. This is not a required first step of the grievance procedure. (2) An employee may opt to bypass the Step I procedure and file his/her complaint directly to the Step II (departmental) level. If bypassing Step I, an employee must file a written grievance, in accordance with Section 2(c), above, to the Commissioner of Public Safety, within fifteen (15) workdays of the date upon which the employee could have reasonably been aware of the occurrence of the matter which gave rise to the complaint. (3) A supervisor may elect not to meet with the employee and/or his/her representative in a Step I meeting, and if such election is made, the supervisor shall advise the employee within two (2) workdays of receiving notice of the complaint or grievance. The employee will then have ten (10) workdays to file his/her complaint or grievance, in writing, to Step II - Department Head. (4) If a Step I is initiated, the complaint shall be discussed informally by the aggrieved employee, or his/her representative, or both, and the immediate supervisor. If the issue remains unresolved, an employee must comply with the following time frames for filing to the Step II level: (a) within ten (10) workdays after receipt of the Step I decision; or (b) within thirty (30) workdays from when the employee first gave notice to the supervisor of his/her complaint as outlined in Section 3(a)(1) above, whichever occurs first. (b) STEP II (Department Head Level) (1) If no satisfactory settlement is reached at Step I, or if the Step I is bypassed, the complaint shall be reduced to writing, in accordance with Section 2(c) above, and shall be submitted for action by the aggrieved party or representative to the Commissioner of Public Safety within the time frames outlined in Section 3(a) above, otherwise the matter shall be considered closed. On request of a VTA President, and with the approval of the Department of Human Resources and the applicable appointing authority, the time limits for filing a Step II grievance may be extended for a specific period of time, not to exceed ten (10) workdays. (2) The grievance shall be discussed informally, either in person or via telephone, within ten (10) workdays of its receipt, between the employee, and/or his/her representative, and the department head or designee. (3) The employee shall be notified in writing of the department's decision within five (5) workdays after the discussion. The parties may mutually agree to postpone the discussion, but shall hold it as soon as practical. (c) STEP III (Department of Human Resources Level) (1) A grievance conforming to Section 2(c) above, shall be submitted to the Department of Human Resources within ten (10) workdays of receipt of the Step II decision if the employee wishes to pursue a matter not resolved at Step II. Otherwise, the matter shall be considered closed. A copy of the Step III grievance shall be filed with the appropriate administrative heads of agencies, departments, or institutions. Upon the introduction of facts or arguments not raised at Step II, such issues shall not be ruled untimely merely because they are raised at Step III for the first time. The Department of Human Resources shall either rule on such facts/arguments or have the option to remand the grievance to the Step II hearing officer for further consideration. (2) If the aggrieved employee so requests, the Department of Human Resources shall hold a meeting with the aggrieved employee, his or her representative, or both, within ten (10) workdays following receipt of the Step III grievance, unless a satisfactory solution can be agreed to before that time. (3) The parties may mutually agree to postpone the discussion, but shall hold it as soon as practical. (4) The Department of Human Resources shall notify the aggrieved employee and his or her representative of its decision in writing within five (5) workdays after the Step III grievance meeting. (5) If no Step III grievance meeting is requested, the Department of Human Resources shall notify the aggrieved employee and his or her representative of its decision in writing within ten (10) workdays after the receipt of the Step III grievance. (6) In the event the employer fails to render a decision at Step II or III within the prescribed time, the grievant may proceed to the next step within the time limits established above. (d) STEP IV (Board Level) The appeal from the Department of Human Resources' decision shall be to the Vermont Labor Relations Board in accordance with the rules and regulations established by the Board and such appeal shall be filed within thirty (30) days after receipt of the Step III decision or the matter shall be considered closed. If within the time set by the VLRB for appealing such decision, VTA submits a written request for reconsideration, the State may respond in writing to such a request, and if it does so, the time for appealing the decision of the Department of Human Resources shall begin to run from the date of receipt of the State's written reconsideration response. However, in no event shall the time for appealing the Human Resources Department's decision exceed forty-five (45) calendar days from the date of receipt of the original Step III decision. GENERAL PROVISIONS (a) Grievances may be initiated at Step II if the subject matter of the complaint is clearly beyond the control of the immediate supervisor, or at Step III if the subject matter of the grievance is clearly beyond the control of the agency, department or institution head. (b) Grievances initially filed at Step II or Step III shall be submitted within fifteen (15) workdays of the date upon which the employee could reasonably have been aware of the occurrence of the matter which gave rise to the grievance. (c) An employee may appeal his or her dismissal directly to the Vermont Labor Relations Board. (d) The management representative at Step II or III shall act fairly and without prejudice in determining the facts which affect the granting or denial of a grievance. If the management representative participated in the decision to impose disciplinary action, or in the preparation or writing of a performance evaluation in progressive corrective action cases, subject to the grievance (s)he shall disclose that fact, but shall not be disqualified thereby. Hearing officers may disqualify themselves if, in their opinion, they perceive the existence of a conflict which makes their future participation inadvisable. Complaints concerning the conduct of the management representative shall be grievable directly to, but not beyond, Step III. The management representative may attempt to mediate any grievance by suggesting that either side alter its position, provided that any Step II settlement be subject to the approval of the Department of Human Resources. If Human Resources does not approve the settlement, the reasons for disapproval will be provided in writing to VTA. For purposes of this Article, "management representative" shall mean the appointing authority/administrative head of the department, or person selected as designee. (e) When a grievance meeting is held at Step III, the VTA (whether or not it is representing the aggrieved employee) shall be notified by the Department of Human Resources and shall have the right to be present, to participate in the proceedings as a party at interest, and to submit a statement (oral or written) to the Department of Human Resources of its opinion of the merits or demerits of the grievance and the effect of any proposed solution on other employees. The VTA will be sent a copy of any such grievance decision concerning bargaining unit employee(s). (f) In the event the employer fails to render a decision at Step I, II, or III within the prescribed time, the grievant may proceed to the next Step within the time limits established above. (g) Grievances may be submitted via e-mail, provided the grievance complies with the requirement of section 2(c), above, is signed, dated and attached to said email. Time and date of receipt of the email by the State shall be controlling for purposes of all time limits set forth in this Article. Employees submitting complaints or grievances, employees involved in complaint and grievance investigations, and employees participating in complaint and grievance meetings and proceedings may do so during working hours without loss of pay and without charge to accumulated leave, after requesting permission from the Manager to do so, which permission shall not be unreasonably withheld.

The parties agree, subject to applicable law, that every employee may freely institute complaints and/or grievances without threats, reprisal, or harassment by the employer.

In appropriate cases, the time limits for filing and processing a grievance may be waived by mutual consent of the parties in order to correct a long-standing injustice provided in no case shall retroactive pay predate the effective date of this Agreement.

For the purpose of this Article, "workday" shall mean Monday through Friday, excluding legal and administrative holidays and the day after Thanksgiving. The VTA and the State may negotiate an experimental peer review procedure, including the duration of such experiment, and the department(s) and/or agency(ies) in which such process may be implemented.

ALTERNATIVE DISPUTE RESOLUTION In recognition of the parties' commitment to reconcile their differences in the least adversarial manner possible, and at the lowest possible organizational level, the VTA and the State agree to participate in grievance mediation, and to continue discussions relating to other processes which will facilitate the goal of positive labor relations. The following are the agreed upon rules for mediation of grievances and other disputes during the term of this agreement: (a) Mediation of a grievance will be scheduled on the basis of a joint request for mediation by VTA and State representatives. (b) Unless otherwise agreed to in a particular grievance, the mediator shall be the first available mediator on the list of trained mediators maintained by the Department of Human Resources. The parties may agree to remove or by-pass names from the list. (c) The VTA and the State shall agree to a list of volunteers to be trained as grievance mediators. Each approved volunteer who successfully completes the prescribed training will be added to the mediator list. (d) A mediation shall be scheduled within ten (10) working days of the date of agreement to mediate and all time-lines will be put on hold for that period of time. If a mediation cannot be scheduled within the ten (10) working day time period, the normal grievance procedure shall proceed. (e) Mediation conferences will take place at an agreed upon place. (f) The grievant will have the right to be present at the mediation conference. (g) Each party shall have no more than two (2) representatives present, in addition to the grievant, at any mediation, unless otherwise agreed. (h) The representatives of the parties are encouraged, but not required, to present the mediator with a brief written statement of the facts, the issues, and the arguments in support of their position. Such statements shall not exceed five (5) typewritten pages. If such a statement is not presented in written form, it shall be presented orally at the beginning of the mediation conference. (i) Any written material that is presented to the mediator shall be returned to the party presenting that material at the termination of the mediation process. (j) Proceedings before the mediator shall be informal in nature. The presentation of evidence is not limited to that presented at any formal grievance procedure. The Rules of Evidence will not apply, and no record of the mediation conference shall be made except in the case of settlement. (k) The mediator will have the authority to meet separately with any person or persons, but will not have the authority to compel the resolution of a grievance. (l) The resolution of a grievance in mediation shall not constitute a precedent unless the parties otherwise agree. (m) If no settlement is reached at mediation, the parties are free to pursue the remainder of the grievance process. (n) In the event that a grievance which was mediated subsequently goes to a grievance hearing, no mediator may serve as witness or advocate. Nothing said or done by the mediator may be referred to in subsequent proceedings, or before the Vermont Labor Relations Board. Nothing said or done by another party in the mediation conference may be used against it in a later proceeding. (o) If no settlement is reached during the mediation conference, and if both parties so request, the mediator shall provide them with an immediate oral advisory decision. (p) The mediator shall state the rationale for the advisory decision. (q) The advisory decision of the mediator, if accepted by the parties, shall not constitute a precedent, unless the parties otherwise agree. (r) The parties agree to share any cost of the mediation, including the mileage and pre-agreed expenses of the mediator. (s) The mediation will not take more than one (1) day, except by mutual agreement of the parties.[2]

Article 16. Classification Review and Classification Grievance

Text of Article 16:[1]

DEFINITIONS (a) Classification Review is defined as the process whereby either employees or management may initiate a review by the Human Resources Department to determine whether an individual position, or any group of positions, is incorrectly allocated to class, and/or the class is incorrectly assigned to pay grade. (b) Classification Grievance is defined as a dispute over whether the position of an individual employee, or the positions of a group of employees, is incorrectly allocated to class, and/or the class is incorrectly assigned to pay grade. MANAGEMENT RIGHTS Nothing herein shall be construed in a manner which prevents or interferes with management's unilateral authority to reallocate a position into a new or existing class; to assign a class into a different pay grade; to utilize a point factor rating system; or to conform with or perform any other statutory requirement regarding position classification. Nothing herein shall constrain management's right to direct an employee to perform the duties (s)he was hired to perform, and management's exercise of this right at any stage of the classification review or classification grievance process, or at the conclusion of the process, shall not be deemed as unlawful retaliation or a violation of any rights arising out of this Article or Agreement. PROCEDURE FOR REVIEW OF CLASSIFICATION (a) The classification review procedure outlined herein shall become effective on July 1, 1990. (b) Employee and management requests for classification review shall be made on a form provided by the Commissioner of Human Resources. The VTA may offer comments to the Commissioner of Human Resources regarding content and format of the form at any time. The form shall be fully completed by the employee or management as appropriate. With the Department of Human Resources' approval, VTA may submit a class action "RFR" on behalf of employees in the same class, filing one (1) package of the same information as required herein. The Request for Review shall state with particularity the change(s) in duties or other circumstances which prompt the Request for Review. The position's supervisor shall review the information provided on the form within ten (10) workdays, completing that portion which requests supervisory responses, and submit further written comments as appropriate. The Request for Review form shall then be submitted to the position's appointing authority, who shall review it for accuracy, comment as deemed appropriate, and forward the original to the Department of Human Resources within five (5) workdays. (c) An incomplete Request for Review shall be returned for completion to the originator by the Department of Human Resources. Completed forms received by the Department of Human Resources shall be logged in chronological order. In its discretion, the Department may conduct field audits as necessary. Normally within sixty (60) days for a single position and ninety (90) days for a multiple position class, the Department of Human Resources or duly constituted departmental review committee will review and respond to complete requests for review. Such written report will respond directly and pointedly to the specific reasons listed in the request for review and will specify any change in the point factor rating for that position. The definitions of the sub-factors used in the point factor ratings will be provided as a guide to interpreting the point factor rating. (d) Within ten (10) workdays of receipt of the notice from the Department of Human Resources, an employee may request an informal meeting with the departmental classification review committee (and/or the member of the Classification Division who performed the rating, if appropriate) for a discussion of the decision. Subject to the operating needs of the Department of Human Resources, a member of the Classification Division staff or of the departmental classification review committee will be available within fifteen (15) workdays of request receipt for such discussion with the employee and/or VTA representative, unless a postponement is mutually agreed to, in which case the meeting shall be rescheduled as soon as practical. The Classification Division may include other representatives of the Department of Human Resources or the affected employee's department in all informal meetings. (e) Notwithstanding the above, if corrective action results from either classification review or a classification grievance, any pay adjustment shall be retroactive to the date when a completed Request for Review was logged by the Department of Human Resources, unless the Commissioner of Personnel determines that the circumstances giving rise to such corrective action came into existence after such completed filings, in which case retroactivity shall be effective on that later date. (1) If any employee is reclassified to a higher pay grade that results in a pay increase during the probation period, the employee will receive that increase coincident with the reclassification, but will receive no retroactive pay. Reclassification will not change the time required for completion of the probation period. (f) Effective July 1, 2014, class action Requests for Review (RFR), regardless of whether initiated by the employer, individual employee(s), or VTA, per subsection 3(b) above, may only be officially requested between July 1, and August 31 of each year. Such class action RFR will be considered and processed during the period - September 1 through December 31, following its submission. If either the classification review, or a classification grievance decision, for such class action RFR involves a financial impact of one percent (1%), or greater, of the wage and salary portion of the affected Department's budget, the decision will not be implemented until the Legislature has considered the matter and determined whether it will provide the requisite funding for such class action reclassification. Thereafter, the following shall apply: (1) If the class action RFR was initiated by the employer, the classification decision will be implemented retroactive to the date specified in subsection (e), above, regardless of the level-of-funding decision of the Legislature. (2) If the class action RFR was initiated by either an individual employee(s), or VTA, the employer shall determine, no later than May 1st (next following the date of submission of the class action RFR), whether to: (i) implement and fund the reclassification decision prospectively through adjustments to the affected department's budget; or instead, to (ii) immediately restructure the job duties of the impacted class(es) so that the classification would appropriately fall at the pay grade level assigned to the class(es) prior to the submission of this class action RFR. (g) An employee may initiate his or her review by concurrently filing a copy of the Request directly to the Department of Human Resources at the same time the original is submitted to the supervisor. The effective date will then be computed fifteen (15) days from the date it was received by the Department of Human Resources and logged in. This will permit the employee to ensure that the effective date of any corrective action is not delayed at the employee's department level due to management or supervisory review of the request. CLASSIFICATION GRIEVANCE (a) Notwithstanding any contrary provision of this Article, a classification grievance may be filed only if the position submitted for review was not changed to a higher pay grade. (b) No classification grievance may be filed by an employee until the employee has first complied with the provisions of this Article regarding classification review and has received official notification from the Department of Human Resources. If the Department of Human Resources does not issue a written notice within the time frames specified in Section 3(c), above, an employee may resubmit his or her classification request in the form of a classification grievance to be forwarded to the Human Resources Commissioner. (c) A classification grievance shall be filed within thirty (30) days of receipt of the classification review official notification, or within fifteen (15) days of the date of the notice of the results of the informal meeting with a member of the classification division if such an informal meeting is requested. Failure to file within such time limits means that the right to pursue a grievance is waived. A grievance as defined in this Article shall be filed in writing (original and one (1) copy) with the Commissioner of Human Resources (120 State Street, Fifth Floor, Montpelier, VT 05620-2505), and shall minimally include the following: (1) Name and home address of the employee submitting grievance; (2) Position number, class title, and pay grade of the position under appeal, plus the department/division/section in which located; (3) A brief statement why the State's response to the RFR is being grieved. Such response should refer both to the original statement as to why the RFR was being sought and also to the State's response thereto. It should also contain a statement specifying the change in duties critical to the classification of the position sufficient to produce a reallocation to class or reassignment to pay grade. (4) A written summary of the employee's reasons as to why the position is allocated to the wrong class and/or the class is assigned to a wrong pay grade, if different or in addition to reasons given in item 3 above. (5) Remedial action requested including title and pay grade which grievant believes should apply. (6) Copies of all material submitted in the initial request for classification review, plus the decision notification received from the Department of Human Resources. (7) An indication as to whether the grievant wished to have a grievance meeting with the Commissioner of Human Resources or his/her designated representative. Copies of all materials specified above shall be concurrently submitted to the employee's appointing authority by the employee at the time of filing. (e) Each classification grievance shall be reviewed by the Commissioner of Human Resources (or designee) for compliance with requirements of filing. Employees will be notified by the Commissioner of any additional information needed to complete the written grievance and given ten (10) workdays to take corrective action. Reasonable extensions of time in which to perfect grievances will not be unreasonably denied. (f) Grievances shall normally be considered in the order in which perfected grievances are received. The Human Resources Commissioner (or designee) shall review the grievance, and if a meeting has been requested, hold such meeting within fifteen (15) workdays. A written decision shall be issued within fifteen (15) workdays of such meeting. If no meeting is requested, a written decision shall be issued within thirty (30) workdays of receipt of the grievance. The time periods for holding a meeting and/or issuing a decision may be extended by mutual consent of the grievant and the Commissioner of Human Resources (or designee). (g) The Commissioner of Human Resources (or designee) may request additional information and/or documents from either or both the grievant and classification division and impose deadlines for their submission. Both parties to the grievance will be advised as to any request for additional information/documents. The due dates for a hearing and/or decision are automatically extended by the time allowed for submission of additional information/documents. BURDEN OF PROOF In any stage of proceeding under this Article the burden shall be on the grievant to establish that the present classification, pay grade assignment, or any subsequent classification decision arising from the application of these procedures, is clearly erroneous under the standards provided by the point factor analysis system utilized by the Department of Human Resources.

EXCLUSIVE REMEDY The grievance and appeal procedures provided herein for classification disputes shall be the exclusive procedures for seeking review of the classification status of a position or group of positions.

APPEAL TO VLRB An employee aggrieved by an adverse decision of the Commissioner of Human Resources may have that decision reviewed by the Vermont Labor Relations Board on the basis of whether the decision was arbitrary and capricious in applying the point factor system utilized by the State to the facts established by the entire record. Any appeal to the Board shall be filed within thirty (30) days of receipt of the Commissioner's decision, or the right to appeal shall be waived. The board shall not conduct a de novo hearing, but shall base its decision on the whole record of the proceeding before, and the decision of, the Commissioner of Human Resources (or designee). The VLRB's authority hereunder shall be to review the decision(s) of the Commissioner of Human Resources, and nothing herein empowers the Board to substitute its own judgment regarding the proper classification or assignment of position(s) to a pay grade. If the VLRB determines that the decision of the Commissioner of Human Resources is arbitrary and capricious, it shall state the reasons for that finding and remand to the Commissioner for appropriate action. Upon remand, the Commissioner of Human Resources shall address those aspects of the original decision that the VLRB found to be arbitrary and capricious and thereafter shall issue a decision on the matter. This decision shall also be subject to review by the VLRB solely to determine whether this subsequent decision is arbitrary and capricious. The parties waive judicial review by the Vermont Supreme Court of any ruling of the VLRB that the decision by the Commissioner of Human Resources was, or was not, arbitrary and capricious. In the event that the Commissioner of Human Resources, upon remand, fails to address aspects of a classification decision which the Vermont Labor Relations Board has determined to be arbitrary and capricious, the sole avenue of relief for an employee shall be to petition the VLRB for enforcement of its order in the Superior Court, in accordance with Board rules and the Rules of Civil Procedure.

IMPACT OF CLASSIFICATION BOARD DECISIONS AND SETTLEMENTS A classification decision or recommendation of a classification board shall not constitute a binding precedent regarding the internal comparability of a position reviewed or grieved to positions not subject to the original classification review and grievance. Nothing herein shall prevent the settlement of a classification grievance at any point in the process.[2]

Article 17. Departmental Administrative Rules

Text of Article 17:[1]

VTA and affected employees only shall be notified of Departmental administrative policy changes (as set forth in the State Police Operations Manual), in writing, by posting, or otherwise, fifteen (15) days prior to the date these changes become effective. This notification requirement shall not apply to rules, policies or procedures established pursuant to statutory authority, or which concern matters of police procedure or policy, nor shall any rules, policies or procedures be subject to the grievance procedure.[2]

Article 18. Residency

Text of Article 18:[1]

Unless they have first obtained written permission from the Commissioner of Public Safety to live elsewhere: Station Troopers: An employee assigned to a particular State police station, or to headquarters, shall be required to reside within one of the towns approved for residency for that station, or headquarters, as specified in Appendix F. This provision shall not restrict the Commissioner from changing such boundaries for purposes other than residency.

Outpost Troopers: An employee assigned to outpost trooper duty shall live within the geographic area of responsibility assigned to such outpost.

Grandfather: Employees residing outside of the above-referenced areas as of October 1, 2007, or who have obtained written permission from the Commissioner of Public Safety to live elsewhere, shall not be required to move their residences until subsequently reassigned to another area. However, employees reassigned or newly assigned to a duty station, outpost, or headquarters facility, shall be required to reside within the appropriate area specified in Sections 1, and 2, above.

Voluntary Residency Assignment: An employee who voluntarily agrees to reside within a particular town as designated by and at the request of the Department, for a minimum two (2)-year period, shall receive a payment of one hundred thirty-eight dollars and forty-six cents ($138.46) per pay period in lieu of any office allowance.[2]

Article 19. Vacancies

Text of Article 19:[1]

The issue of posting or notice of lateral transfer opportunities shall be an appropriate agenda item for the Departmental Labor-Management Committee.[2]

Article 20. Regular Work Year

Text of Article 20:[1]

Employees who are regularly assigned to work a "five (5) on two (2) off" schedule, shall continue to be eligible to receive one hundred four (104) scheduled days off per calendar year and two (2) additional days off per calendar year not scheduled, but arranged at any time at the convenience of the Department. Days voluntarily worked in whole or in part on scheduled or arranged days off in programs such as CRASH, 55 MPH or RAID are considered as days off for the purpose of this contract.[2]

Article 21. Regular Hours and Overtime

Text of Article 21:[1]

The REGULAR WORK SHIFTS shall be as follows: (a) A day shift commencing between 6 am and 8 am on a staggered or non-staggered basis as the Department may determine; alternative schedules for NIU will be an appropriate agenda item for labor management. (b) An evening shift commencing between 4 pm and 6 pm on a staggered or non-staggered basis as the Department may determine. (c) A night shift as may be established by the Department, commencing between 10 pm and midnight on a staggered or non-staggered basis as the Department may determine. (d) Nothing hereunder shall prevent the Department from establishing additional or overlapping work shifts. Staggering of the basic day and evening shift shall not be used to provide twenty-four (24) hour coverage. (e) An employee shall be scheduled for at least eight (8) hours off between the end of one scheduled shift and beginning of his or her next scheduled shift. (f) An employee's work schedule will be posted on the fifteenth day of the calendar month prior to the calendar month for which the schedule is being posted. Within an employee's regular work week, work shifts will ordinarily be scheduled to start within the "windows," as established above; provided, however, that up to two (2) work shifts per employee per month may be prescheduled to start any time between 6 am and 6 pm without giving rise to an obligation for additional pay such as delayed reporting time or call-in. This subsection (f) does not provide a right to alter days off; provided, however, that completion of a shift rescheduled under this subsection may extend into the following calendar day. (g) An employee's scheduled day(s) off may be altered (through timely posting in accordance with this Article) to accommodate attendance at training under the following circumstances: (i) up to eight (8) regularly scheduled days off per employee per fiscal year for the purpose of special teams training; and/or (ii) for any training of more than three (3) days in duration. Except as provided in this subsection, the Department may not change an employee's day(s) off for the purpose of avoiding overtime or to accommodate training. (h) "Work Week" is the schedule of days worked that is established by paragraphs 2(b), (c), and (d) of this Article. "Work Shift" is the time between the starting and ending hours of work on any work day within a Work Week as authorized by this Article. REGULAR WORK PERIOD, WORK SCHEDULE: (a) Work period: The regular work period is twenty-eight (28) calendar days long. (b) Uniform schedule: Effective July 1, 2001, the normal work schedule for uniformed Troopers, Corporals, and Sergeants shall be four (4) on - two (2) off/five (5) on - two (2) off resulting in two hundred fifty-two (252) workdays per employee, per year. Therefore, employees shall normally work one hundred eighty (180) hours during a twenty-eight (28) day work period, with one hundred sixty (160) hours normally paid at straight time rates and twenty (20) hours normally paid at applicable overtime rates. Daily work schedules may consist of nine (9) or ten (10) hour work days depending on the work period. (c) Uniform Troopers, Corporals and Sergeants who are assigned to work a Monday through Friday, five (5) on - two (2) off schedule, (e.g., HQ assignments, Traffic Operations, and Station Administrative Officers) shall have nine (9) hour work days with the hours worked in a twenty-eight (28) day work period paid in same manner as in Section 2(b) above. (d) BCI schedule: Members regularly assigned to the BCI Division shall work an administrative schedule of Monday through Friday with Saturday, Sunday and holidays as regularly scheduled days off. BCI members will not normally be expected to work on a holiday, except as specified in Section 10. (e) The regular workday will include a paid midtour meal period generally not exceeding thirty (30) minutes. (f) Narcotics Investigation Unit. See schedule attached as Appendix G. (g) Executive Protection Unit. See schedule attached as Appendix I. BASE PAY Base pay each pay period for bargaining unit employees shall normally be base hourly rate multiplied by eighty (80) hours plus ten (10) hours at applicable overtime rates per two (2) workweek period. OVERTIME (a) OVERTIME PAY. The State and VTA agree that overtime work for all employees is to be held to a minimum consistent with the efficient and sound management of State government. It is understood and agreed that determining the need for overtime work, scheduling the hours overtime shall be worked, and requiring overtime work are exclusively employer's rights. Except as otherwise provided in this Article, hours worked in excess of an employee's applicable regularly scheduled Daily Hour Limit, or in excess of eighty (80) in a pay period shall be paid in cash at one and one-half (1-1/2) times the straight time rate. Hours actually worked, hours on annual leave, compensatory time off, unworked holidays, paid VTA leave time, time spent traveling to and from paid training (after deductions of normal commuting time), personal leave and, paid military leave, shall be considered as time actually worked for the purpose of determining eligibility for overtime compensation. (b) COMPENSATORY TIME. Except as provided below in the subsection entitled "Exclusions from Overtime", an employee entitled to overtime pay may request compensatory time off at the applicable overtime rate in lieu of cash. The Department may authorize such request. No employee may accumulate more than four hundred eighty (480) hours of compensatory time off earned for overtime work. Nothing herein shall preclude the Department from establishing such other compensatory time off limit as it deems appropriate. (c) At the end of the accrual year, (Year A), all unused compensatory time off may be carried over until the end of the next accrual year (Year B), but not thereafter. Unused "Year A", non-FLSA, compensatory time off which has not been used by the end of "Year B", through no fault of the employee, will be paid off in cash at the base hourly rate of pay then prevailing. Year A is defined as the first full pay period in July through the pay period which includes June 30th. Year B is the same period the following year. Except for mandatory compensatory time such as for overtime on a holiday worked, any compensatory time balance on May 1 may, at the sole discretion of the appointing authority, be paid off in cash, in whole or in part, at the straight-time rate of pay then prevailing. (d) On separation from service, for any reason, any unused compensatory time off will be paid off in cash in a lump sum with the final payment for services at the base rate of pay then prevailing. (e) The Department shall make a reasonable effort to distribute scheduled overtime as equitably as possible among classified employees. (f) All VTA Bargaining Unit members shall receive forty (40) hours of straight time pay in fiscal year 2015 (July 1 - June 30), payable with the first full pay period in August, as compensation for work related duties which are integral to job expectations and performance as a State Police Officer but are performed in off duty hours. Notwithstanding the foregoing, during the life of this agreement or until a successor agreement is reached, whichever is later, the aforementioned payment shall be paid in equal lump sum installments in each pay period. (g) EXCLUSIONS FROM OVERTIME. (1) Overtime work does NOT include: • attendance at a disciplinary, grievance, or other hearing other than as a witness for the State (this exclusion does not apply to interviews that are part of discipline investigations conducted by the State); • promotional examination; • off duty time while serving as a training assistant or as an in-resident supervisor on a training assignment. • time spent for retesting after failing any physical fitness test (provided, however, that the Department will not retest employees during otherwise off-duty hours). (2) Notwithstanding any contrary provision of this Section, the following shall be considered to be time actually worked. (i) the Department's required annual medical examination, including travel time to and from the examination, when scheduled on an employee's day off; and (ii) the physical fitness evaluation required by the Department when scheduled on an employee's day off, including travel time to and from the evaluation site; and (iii) travel to and from the site of assigned training activities regardless of whether on a day off or not. (h) SELF ACTIVATION. Employees shall not self-activate except in compliance with Departmental policy. (i) Overtime under this Agreement shall not be pyramided. DELAYED REPORTING TIME An employee who is ordered to report for a full tour of duty later than his/her regular shift starting time and who works a full tour of duty or part thereof which terminates later than his/her normal shift quitting time for that day shall be paid an extra half-time premium for such time worked after his/her regularly scheduled workday. An employee who is ordered to report for a full tour of duty earlier than his/her regular shift starting time and who works a full tour of duty or part thereof which terminates earlier than his/her regular shift quitting time for that day shall be paid an extra half-time premium for such time worked before his/her regularly scheduled workday. Work in excess of 8 hours on such day shall be considered as overtime under the provisions of this Article. IMMEDIATE ON-CALL AND SPECIAL ALERT (a) IMMEDIATE ON-CALL An employee who, for the purpose of being immediately available is confined to a work place or other location away from home, and must be ready to immediately respond shall receive the following compensation: (1) Normal compensation for regularly scheduled hours (or eight (8) hours at time and one-half (1.5) if the employee is assigned such duty on a day off); plus (2) overtime compensation at the applicable rate for any subsequent hours actually worked. (b) SPECIAL ALERT An employee who, for purposes of being available to respond to an extraordinary non-routine situation (such as, but not necessarily limited to, a demonstration or a large special event) is placed on Special Alert, and is restricted as to location (including home, regular duty station or another location) or activities (for example, the employee is limited in activities but can sleep, exercise, or engage in some recreational activities) while off duty, shall be paid one-fourth (1/4) of his or her regular straight time rate for those hours during which he or she is in such status, excluding any hours actually worked. (Hours actually worked shall be compensated at the normal rate, or, if applicable, the overtime rate.) Off duty time spent as a training assistant or in-resident supervisor on a training assignment shall be considered as time spent on Special Alert. Special Alert status shall not apply to the routine carrying of pagers by employees or to the performance of rotating "duty officer" assignments, or to the designation of employees for purposes of establishing a call-in sequence following the evening shift or preceding the day shift. A manager may change the level of required readiness to respond to changes in the circumstances in the field (but may not be made in the absence of changes in the circumstances in the field to avoid payments required by this Article) so that an employee may move from Special Alert status to Immediate On Call, or from Immediate On Call to Special Alert. AFTER HOURS STANDBY PAY FOR UNIFORMED OFFICERS A uniformed officer who is specifically required as a condition of employment by the Department to be immediately available for duty in the hours immediately before or after his or her regular shift shall be paid one-fifth (1/5) of his or her regular straight time hourly rate of pay during the hours during which he or she is in such status, excluding any hours actually worked or for which call-in pay is paid. The Department will post a schedule notifying uniformed officers of the dates on which they are scheduled for standby status under this section. An officer scheduled for duty under this section is required to be immediately available for duty and is therefore subject to restriction by the Department in his or her geographic location and activities and shall be required to provide the Department with a pager or telephone number where he or she can be reached at all times during the scheduled period. Should the Department determine that it will implement a third shift in any location at any time, the Department may so notify officers and the provisions of this section would no longer be in effect. The Department shall not be precluded from calling troopers, who are not on the standby list, to supplement those who have been called or respond to emergencies that arise during this after hour time period, in accordance with Section 12.1 of the Code of Conduct. Sergeants, or Troopers in Charge, in standby status shall be compensated for a minimum of fifteen (15) minutes for each business telephone phone call after having been reached (but without reporting to his/her duty station or work location) at the straight time rate or overtime rate, as appropriate, but shall not be considered to have been "called-in" by reason of such telephone work. However, multiple phone calls occurring during any fifteen (15) minute period shall not trigger a new guarantee. CALL-IN PAY (a) NON-COURT CALL-IN An employee who is called in to work at any time other than continuously into his/her normally scheduled shift shall be considered as working overtime during all such hours worked and shall be guaranteed a minimum of four hours pay at the overtime rate of pay in cash or, if the employee so requests and the request is granted, in compensatory time off. Such guarantee will cover any additional call-ins within the four (4) hour period commencing with the first call-in. Payment for call-ins shall not exceed three call-ins within a twenty-four (24) hour period. (b) COURT CALL-IN An employee who is called into court at any time other than continuously into his/her normally scheduled shift, shall be considered as working overtime during all such hours worked and shall be guaranteed a minimum of four (4) hours' pay at the overtime rate of time and one-half in cash, or, if the employee so requests, in compensatory time off. Such guarantee will cover any additional call-ins within same calendar day. If a scheduled court appearance on an otherwise unscheduled workday is canceled after 0001 hours on the date of the required appearance, this shall be considered to be a court call-in and the employee shall be compensated accordingly. Effective July 1, 1991, if a scheduled court appearance on a scheduled day, or shift, off is canceled after 0001 hours on the date of the required appearance, this shall be considered to be a court call-in and the employee shall be compensated accordingly. (c) VIRTUAL COURT CALL-IN Effective August 1, 2021, an employee who is required to attend court virtually at any time other than continuously into his/her normally scheduled shift, shall be considered as working overtime during all such hours worked and shall be guaranteed a minimum of three (3) hours' pay at the overtime rate of time and one-half in cash, or, if the employee so requests, in compensatory time off. Such guarantee will cover any additional call-ins within same calendar day. If a scheduled virtual court appearance on an otherwise unscheduled workday, or on a scheduled day/shift off is canceled after 0001 hours on the date of the required appearance, this shall be considered to be a virtual court call-in, and the employee shall be compensated accordingly. SHIFT AND WEEKEND DIFFERENTIALS (a) Employees shall receive a shift differential of two dollars ($2.00) per hour effective the first full payroll period in July 2022, if they work at least two (2) hours of an assigned shift which contains at least two (2) hours between 6 pm and midnight. (b) Employees shall receive a shift differential of two dollars ($2.00) per hour effective the first full payroll period in July 2022, if they work at least two (2) hours of an assigned third shift which contains at least two (2) hours after 2:30 am. (c) Shift differential will be added to the basic hourly rate before cash overtime is computed. (d) Commencing with the first full pay period in July 2022, a weekend differential shall be paid at the rate of one dollar and fifty cents ($1.50) per hour, which shall apply to regularly scheduled shifts beginning after 10 PM on Friday, excluding shifts beginning after 10 PM on Sunday night (Employees not regularly assigned to a weekend shift but who work overtime on the weekend shall not receive weekend differential; weekend differential will be added to any other shift differential and to the basic hourly rate before cash overtime is computed.) BCI DUTY OFFICER BCI members shall be assigned on a rotational basis to serve as the BCI Duty Officer for a designated area. The BCI Duty Officer shall be assigned to carry a pager and shall be primarily responsible to be immediately available for duty during all off-duty hours in a designated duty week. The term "immediately available for duty" shall mean that the BCI Duty Officer shall be subject to restriction by the Department in order to respond to a page within one-half (1/2) hour and will be on-duty within one (1) hour of answering the page. The BCI Duty Officer shall receive one-fifth (1/5) pay for all off-duty hours, including holidays, and excluding any hours actually worked, for each such assigned week of availability. This payment shall be in lieu of the compensation provided in Section 7 above. The assignment of a BCI Duty Officer shall not diminish the current obligations controlling off-duty availability of other VSP members. BCI Sergeants, or Troopers, while assigned as BCI Duty Officer, shall be compensated for a minimum of fifteen (15) minutes for each business telephone phone call after having been reached (but without reporting to his/her duty station or work location) at the straight time rate or overtime rate, as appropriate, but shall not be considered to have been "called-in" by reason of such telephone work. However, multiple phone calls occurring during any fifteen (15) minute period shall not trigger a new guarantee.[2]

Article 22. Observance of Holidays

Text of Article 22:[1]

HOLIDAYS The following legal holidays as established by 1 V.S.A. Section 371, shall be observed by State Offices: New Year's Day, January 1 Martin Luther King Jr.'s Birthday, the third Monday in January Washington's Birthday, Third Monday in February Town Meeting Day, First Tuesday in March Memorial Day, last Monday in May Independence Day, July 4 Bennington Battle Day, August 16 Labor Day, First Monday in September Veteran's Day, November 11 Thanksgiving Day, Fourth Thursday in November Christmas Day, December 25 WEEKEND OBSERVANCE Any legal holiday which falls on a Saturday shall be observed on the preceding Friday. Any legal holiday which falls on a Sunday shall be observed on the following Monday. DAY AFTER THANKSGIVING Subject to the operating needs of any department or agency, leave without loss of pay shall be granted on the day after Thanksgiving Day, and treated as follows: (a) Such day shall not be considered as a holiday under this Article; provided, however, (b) Leave granted shall be considered as time actually worked for the purpose of determining eligibility for overtime compensation. (c) Employees who work the day after Thanksgiving shall receive: compensatory time off at straight-time rates on an hour-for-hour worked basis not to exceed nine (9) hours, and regular pay or overtime pay for hours worked, if applicable, as defined in the contract. Employees may request payment in cash at the applicable rate in lieu of compensatory time off. The Department may authorize such request. (d) Employees who have that day as a regularly scheduled day off and do not work shall receive up to nine (9) hours' of compensatory time off. (e) The provisions of Sections 9 and 10(c) apply to the day after Thanksgiving. ADMINISTRATIVE DECLARATION The Governor may also declare an administrative holiday. State offices shall close on such a day except for those operations which must maintain essential services.

Time worked on an administrative holiday shall be compensated for in the same manner as time worked on a straight time legal holiday. A classified employee shall not normally be required to work on legal or administrative holidays except as necessary to provide and maintain essential services.

COMPENSATION ON DAYS OBSERVED AS LEGAL HOLIDAYS These provisions shall not apply to the Day After Thanksgiving. (a) Employees who are required to work in a day which is normally a scheduled workday and is also a day observed as a legal holiday shall receive compensation at "designated rates" in addition to the minimum regular compensation for all hours actually worked on that day up to a maximum of the number of hours in his or her regular workday. The compensation shall be in cash or in compensatory time off if the employee so chooses and if the employer can grant the compensatory time off. If the "designated rate" for the holiday is time and one-half and if the employee requests compensatory time off for all hours actually worked that day, the employer may determine to pay for hours actually worked in compensatory time off at straight time and four and one-half (4.5) hours in compensatory time off or cash at straight time. (b) If a legal holiday is observed on a day which is not normally a scheduled workday and the employee does not work that day, he or she shall receive for that day the regular workday in cash, which shall be in addition to his or her regular compensation. The Department's management will attempt to accommodate an employee's request for a compensatory tour of duty off in lieu of cash for such holiday, but may grant or deny such request based on its determination of the operating needs of the Department in relation to available staffing. (c) If a legal holiday is observed on a day which is not normally a scheduled workday and the employee does work on that day, he or she shall receive for the day his or her regular hourly rate times the number of hours in his or her regular workday at designated rates in cash, plus cash (or compensatory time off if the employee chooses and if the employer can grant the time off) at straight time rates for all hours worked that day up to the number of hours in his or her regular workday. Such compensation shall be in addition to the employee's minimum regular compensation. (d) Notwithstanding any contrary provisions of this Agreement, an employee who works "overtime" on a holiday (i.e., who works more than eight (8) hours on a holiday) shall be paid at the applicable overtime rates pursuant to the Overtime Article. (e) "Designated rates" shall be as follows: (1) The designated rate of time and one-half shall apply for the following days observed as legal holidays: New Year's Day, January 1 Martin Luther King Jr.'s Birthday, third Monday in January Washington's Birthday, Third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, First Monday in September Veteran's Day, November 11 Thanksgiving Day, Fourth Thursday in November Christmas Day, December 25 (2) The designated rate of straight time shall apply for the following days observed as legal holidays: Town Meeting Day, First Tuesday in March Bennington Battle Day, August 16 (3) Notwithstanding any contrary provision of this Section, for employees in Overtime Categories 15 and 16 the "designated rate" of straight time pay shall apply on all days observed as legal holidays. (f) Notwithstanding the above provisions, if work on a holiday with a designated rate of straight time qualifies as overtime under the provisions covering overtime, an employee shall be paid in accordance with the overtime provisions. (g) In all instances for compensation for time worked on a holiday, applicable shift differential shall be in addition to holiday pay. Time off for legal or administrative holidays or the day after Thanksgiving shall not be charged against sick or annual leave.

An employee who is off payroll due to disciplinary suspension, absent without authorization or on any unpaid leave of absence for any portion of the scheduled workdays immediately prior to, or next following, or the day of that observed as a holiday, and who does not work on such holiday shall not be eligible for holiday compensation, unless the employee actually works on the holiday.

GENERAL PROVISIONS (a) In continuous operations for purposes of computing pay and benefits, a classified employee's holiday shall begin at the time his/her regular and normal work schedule would begin on that day and shall continue for twenty-four (24) consecutive hours. (b) PART TIME COMPUTATIONS (1) Part-time classified employees who do not work on a legal holiday will receive their hourly rate for the number of hours regularly scheduled for that day. Part-time classified employees who do work on a legal holiday will receive applicable holiday pay at designated rates (i.e., not prorated) for all hours worked that day, not to exceed the limits specified in this Article. Unworked legal holidays falling on a part-time employee's scheduled day off, and the floating holiday, will be compensated in direct proportion to the normal number of scheduled work hours in a pay period. (2) A permanent part-time classified employee who works on a seasonal schedule will be entitled to payment for those holidays which occur during the period of time when working. (c) If the day following the effective date of an employee's separation from State service is observed as a legal holiday, the employee will receive pay for the legal holiday, but the effective date of separation shall not be changed as a result of receiving such holiday pay. If additional State Holidays are enacted in statute during the life of this Agreement, the parties agree to reopen negotiations for the limited purpose of bargaining over benefits which will apply to the observance of that holiday, if any.

This provision applies only to employees, who are required to work as a regularly scheduled workday on December 25, and who have a regularly scheduled day off on the date that the Christmas Holiday is otherwise actually observed, or vice-versa; and to employees who are required to work as a regularly scheduled work day on January 1, and who have a regularly scheduled day off on the date New Year's Day is otherwise actually observed, or vice versa. For such employees only, December 25, and January 1, shall be considered the holiday for purposes of holiday pay computation, rather than the dates on which such holidays are otherwise observed.[2]

Article 23. Tuition Reimbursement

Text of Article 23:[1]

The Department of Public Safety will maintain its tuition reimbursement program as follows: (a) Employees may be eligible for tuition reimbursement not otherwise reimbursed from other sources for the following: (1) Postsecondary courses taken at a properly accredited educational institution which will, as determined by the Commissioner, increase such employee's expertise in his or her present position, or other positions in the bargaining unit, or which is related to the next higher promotional position outside the bargaining unit. (2) All courses required by a criminal justice degree program, or other degree program as may be approved by the Commissioner. (b) The maximum reimbursement per credit shall be the actual tuition or an amount equal to the tuition for a similar course offered at a Vermont State supported educational institution, whichever is less. In no event shall tuition reimbursement exceed twelve (12) college credits, or equivalents, per year. The Department may, if it deems it advisable and if there are sufficient funds available, agree to reimburse up to eighteen (18) college credits, or equivalents, per year. (a) A written application must be made through channels to the Commissioner prior to enrollment in a course of study stating the basis for the request for reimbursement. Within twenty (20) calendar days a response will be made in writing as to whether or not the Department will provide reimbursement, subject to the availability of funds. The Department may enter into agreements with colleges for voucher arrangements where the approved tuition can be paid directly to the college on completion of the course with a passing grade. No such agreement shall obligate the state for any expenses not otherwise reimbursable under this Article. (b) In order to secure reimbursement the employee must complete the course of study and maintain a course grade of not less than "C". Written proof of payment of tuition must be submitted to the Department along with a copy of the final grade received. In unusual circumstances where the State is not able to enter into agreements with the institution for direct payments, the State will grant an advance to the employee. Employees who do not complete the course, or complete with a passing grade, shall reimburse the Department in full. Approved courses shall be taken during off-duty hours. The Department may approve an adjustment of an individual employee's working schedule to attend such courses, but the Department shall be under no obligation to do so.

The operation of this program is subject to the availability of funds, not to exceed fifty thousand dollars ($50,000) each year. Continuation of this benefit beyond the termination date of this Agreement shall be contingent upon the renegotiation of this benefit and specific funding provided as a result thereof.

If funds made available are not sufficient to meet all requests which would otherwise be approvable, the Department may prorate the available funds among the total approvable requests or may limit approvals to the amount available.[2]

Article 24. Occupational Safety and Health Laws

Text of Article 24:[1]

Where protective clothing or safety equipment is required by state or federal laws or regulations applicable to State employees covered by this Agreement, the State shall provide this clothing and equipment at no cost to the employees. The wearing of protective clothing or safety equipment shall conform to VOSHA standards.

Time spent by employees accompanying VOSHA compliance officers during inspection tours of work places shall be considered hours actually worked for the purposes of determining eligibility for overtime compensation.

The State shall comply with VOSHA and other State and federal statutory safety and health requirements. Nothing in this Article shall be deemed to prevent the State from promulgating safety rules in excess of VOSHA or federal requirements, provided, however, the reasonableness of any such rule may be grieved under Section 3 of the AGENCY, DEPARTMENT AND INSTITUTION WORK RULES Article. The fact that a safety rule exceeds VOSHA or federal requirements shall not by itself be evidence of unreasonableness.

Complaints over health and safety concerns or over non-compliance with VOSHA or other such statutory requirements are not grievable but shall be referred to the Safety and Health Maintenance Committee.

Failure to wear required protective clothing or to use required safety equipment, other than in situations where the requirement is conditional on employee discretion, shall be considered as a prima facie case of employee negligence.

The employer shall make available at the duty station a form for the employee to report safety hazards and to receive a copy of the report filed. An employee or group of employees who complain or refer questions on job safety or health hazards, in good faith, to the employer, the VTA, VOSHA, NIOSH (National Institute for Occupational Safety and Health) or any other relevant government agency shall not be discriminated against, intimidated or harassed therefore. Complaints of such discrimination, intimidation or harassment shall be processed under the grievance procedure.

Whenever the State received written notification regarding the hazardous nature of a material or substance as outlined in the MSDS from VOSHA, NIOSH, a vendor/manufacturer, or any other agency with expertise in identifying hazardous substances, the State shall make available to affected employees information as to where such material is stored or utilized, the potential health risks associated with such materials, and how to reduce such risks.

The State shall make a good faith effort to accommodate a request for reassignment from:

(a) Pregnant women and women of child-bearing age who work with or near material which is known to have detrimental effects upon pregnancy or for men or women in the case of fertility.

(b) Any employee who is disabled from performing regularly assigned duties because of allergies or respiratory ailments arising from work with or near any substance or agent causing the disability. An employee who believes (s)he is being required to drive or operate unsafe vehicles or equipment shall report the condition immediately to his or her supervisor for appropriate action. The employee shall file a report describing the unsafe condition in accordance with the procedure of Section 6 of this Article at his or her earliest convenience.

An employee who establishes a reasonable fear of death or serious injury resulting from performance of an assigned task shall be exonerated from a charge of insubordination or violation of the rule, "work now, grieve later". This section shall not excuse non-performance of duty when risk of death or injury is an inherent part of the job.

Any established Labor-Management Committee may function as an ad hoc safety committee to discuss concerns over work place hazards or adverse health reactions emanating from the work. Issues concerning the use of video display terminals and rest breaks for VDT operators may also be subjects for Labor-Management Committee consideration. Both parties shall cooperate in requesting and complying with safety and health recommendations from the State Loss Prevention Coordinator(s) to prevent and remediate health problems arising from the work site.

Any employee required to participate in the handling, cleaning or removal of asbestos shall be provided with proper training, equipment, and health status monitoring by the State, all in accordance with the State's Asbestos Policy Committee guidelines.

Pursuant to VOSHA requirements, or the recommendations of the joint Labor Management Committee and/or the Commissioner of Health, the State will provide protective outer garments for State employees whose duties require them to: perform strip searches; handle body fluids, hazardous chemicals or materials; or to come in contact with contagious diseases or persons. Material Data Safety Sheets, as may be required to be maintained by statute, shall be available to VTA Stewards or staff at affected work sites.

SAFETY AND HEALTH MAINTENANCE COMMITTEE (a) There shall be a statewide safety and health maintenance committee consisting of three (3) representatives selected by the VSEA, one (1) representative selected by the VTA and four (4) representatives selected by the State. The Committee shall select a Chairperson from among its members. Effective July 1, 2007, the chair of the Committee shall rotate annually between labor and management. The first one-year term shall be labor's. (b) The Committee's responsibilities may include but shall not be limited to: (1) Development of general guidelines and procedures for use in the Agencies/Departments; (2) Assessment of Agency/Department safety practices, and programs, including any appropriate recommendations, and development of plans for changes or improvements in safety and working conditions. (3) Review of grievances and complaints in the Safety/Health area which are referred to the committee consistent with paragraph 4 of this Article. (4) Identification of safety training needs and the initiation of appropriate training efforts, which may include the solicitation of available grant funds. (5) A review of the health ramifications of working with VDT's including recommendations regarding appropriate break time, eye exams, ergonomics, etc. (6) Committee recommendations will be referred to the Secretary of Administration. (c) The Committee shall have no authority or responsibility for issues or situations that are related to or fall within the scope of the State's Reasonable Accommodation Policy. WATER/TOILETS The state will respond promptly to complaints from employees that drinkable water or functioning toilet facilities are unavailable at office buildings or institutions. Such responses shall include reasonable accommodations for personnel with medical problems impacted by such factors and other bargaining unit personnel, as for example, permission to leave the facility for reasonable periods of time without charge to accumulated leave balances.

AIR QUALITY The State will respond promptly to complaints about air quality in existing State owned and leased buildings including air testing when appropriate. Air quality standards for newly-constructed or newly-leased buildings shall be subject for consideration/recommendation by the Safety and Health Maintenance Committee.[2]

Article 25. Annual Leave

Text of Article 25:[1]

PURPOSE To establish the policies and procedures by which a classified employee shall receive time off from work for vacation or personal convenience.

POLICY (a) A classified employee is provided the opportunity to accrue annual leave in order to have periods of rest and relaxation from his or her job for health and wellbeing, consistent with workload requirements of the agency or department.

(b) Employees are encouraged to request annual leave in blocks of time sufficient to ensure rest and relaxation. However, annual leave may also be taken in brief amounts for the personal convenience of the employee.

(c) Annual leave credits are not accumulated and may not be used during the first six (6) months' employment.

(d) Accruals and caps are as follows:

(1) A classified employee shall be credited with six (6) days of annual leave upon completion of his or her first six (6) months of service.

YRS [2]

— .46 days , 30 days

5-10

Article 24. Occupational Safety and Health Laws

Text of Article 24:[1]

Where protective clothing or safety equipment is required by state or federal laws or regulations applicable to State employees covered by this Agreement, the State shall provide this clothing and equipment at no cost to the employees. The wearing of protective clothing or safety equipment shall conform to VOSHA standards. Time spent by employees accompanying VOSHA compliance officers during inspection tours of work places shall be considered hours actually worked for the purposes of determining eligibility for overtime compensation. The State shall comply with VOSHA and other State and federal statutory safety and health requirements. Nothing in this Article shall be deemed to prevent the State from promulgating safety rules in excess of VOSHA or federal requirements, provided, however, the reasonableness of any such rule may be grieved under Section 3 of the AGENCY, DEPARTMENT AND INSTITUTION WORK RULES Article. The fact that a safety rule exceeds VOSHA or federal requirements shall not by itself be evidence of unreasonableness. Complaints over health and safety concerns or over non-compliance with VOSHA or other such statutory requirements are not grievable but shall be referred to the Safety and Health Maintenance Committee. Failure to wear required protective clothing or to use required safety equipment, other than in situations where the requirement is conditional on employee discretion, shall be considered as a prima facie case of employee negligence. The employer shall make available at the duty station a form for the employee to report safety hazards and to receive a copy of the report filed. An employee or group of employees who complain or refer questions on job safety or health hazards, in good faith, to the employer, the VTA, VOSHA, NIOSH (National Institute for Occupational Safety and Health) or any other relevant government agency shall not be discriminated against, intimidated or harassed therefore. Complaints of such discrimination, intimidation or harassment shall be processed under the grievance procedure. Whenever the State received written notification regarding the hazardous nature of a material or substance as outlined in the MSDS from VOSHA, NIOSH, a vendor/manufacturer, or any other agency with expertise in identifying hazardous substances, the State shall make available to affected employees information as to where such material is stored or utilized, the potential health risks associated with such materials, and how to reduce such risks. The State shall make a good faith effort to accommodate a request for reassignment from: (a) Pregnant women and women of child-bearing age who work with or near material which is known to have detrimental effects upon pregnancy or for men or women in the case of fertility. (b) Any employee who is disabled from performing regularly assigned duties because of allergies or respiratory ailments arising from work with or near any substance or agent causing the disability. An employee who believes (s)he is being required to drive or operate unsafe vehicles or equipment shall report the condition immediately to his or her supervisor for appropriate action. The employee shall file a report describing the unsafe condition in accordance with the procedure of Section 6 of this Article at his or her earliest convenience. An employee who establishes a reasonable fear of death or serious injury resulting from performance of an assigned task shall be exonerated from a charge of insubordination or violation of the rule, "work now, grieve later". This section shall not excuse non-performance of duty when risk of death or injury is an inherent part of the job. Any established Labor-Management Committee may function as an ad hoc safety committee to discuss concerns over work place hazards or adverse health reactions emanating from the work. Issues concerning the use of video display terminals and rest breaks for VDT operators may also be subjects for Labor-Management Committee consideration. Both parties shall cooperate in requesting and complying with safety and health recommendations from the State Loss Prevention Coordinator(s) to prevent and remediate health problems arising from the work site. Any employee required to participate in the handling, cleaning or removal of asbestos shall be provided with proper training, equipment, and health status monitoring by the State, all in accordance with the State's Asbestos Policy Committee guidelines. Pursuant to VOSHA requirements, or the recommendations of the joint Labor Management Committee and/or the Commissioner of Health, the State will provide protective outer garments for State employees whose duties require them to: perform strip searches; handle body fluids, hazardous chemicals or materials; or to come in contact with contagious diseases or persons. Material Data Safety Sheets, as may be required to be maintained by statute, shall be available to VTA Stewards or staff at affected work sites. SAFETY AND HEALTH MAINTENANCE COMMITTEE (a) There shall be a statewide safety and health maintenance committee consisting of three (3) representatives selected by the VSEA, one (1) representative selected by the VTA and four (4) representatives selected by the State. The Committee shall select a Chairperson from among its members. Effective July 1, 2007, the chair of the Committee shall rotate annually between labor and management. The first one-year term shall be labor's. (b) The Committee's responsibilities may include but shall not be limited to: (1) Development of general guidelines and procedures for use in the Agencies/Departments; (2) Assessment of Agency/Department safety practices, and programs, including any appropriate recommendations, and development of plans for changes or improvements in safety and working conditions. (3) Review of grievances and complaints in the Safety/Health area which are referred to the committee consistent with paragraph 4 of this Article. (4) Identification of safety training needs and the initiation of appropriate training efforts, which may include the solicitation of available grant funds. (5) A review of the health ramifications of working with VDT's including recommendations regarding appropriate break time, eye exams, ergonomics, etc. (6) Committee recommendations will be referred to the Secretary of Administration. (c) The Committee shall have no authority or responsibility for issues or situations that are related to or fall within the scope of the State's Reasonable Accommodation Policy. WATER/TOILETS The state will respond promptly to complaints from employees that drinkable water or functioning toilet facilities are unavailable at office buildings or institutions. Such responses shall include reasonable accommodations for personnel with medical problems impacted by such factors and other bargaining unit personnel, as for example, permission to leave the facility for reasonable periods of time without charge to accumulated leave balances. AIR QUALITY The State will respond promptly to complaints about air quality in existing State owned and leased buildings including air testing when appropriate. Air quality standards for newly-constructed or newly-leased buildings shall be subject for consideration/recommendation by the Safety and Health Maintenance Committee.[2]

Article 26. Sick Leave

Text of Article 26:[1]

PURPOSE To establish the State's policies and practices which provide for a classified employee to be absent from duty with pay in the event of illness or injury. POLICY It is the policy of the State to help protect the income of a classified employee who cannot work due to illness or injury or for emergency periods when the employee must be absent from duty due to death or illness in his or her immediate family. Sick leave shall be administered in accordance with the following provisions: (a) Accrual (1) A classified employee shall receive sick leave benefits as follows: (i) Upon appointment (original or restoration), the employee shall be credited with a bank of six (6) sick leave days on which he or she may draw during the first six (6) months of service. (ii) At the end of the first full payroll period following completion of six (6) months of service and at the end of every full payroll period thereafter, the employee shall be credited with sick leave for that pay period, as follows: Years of Service [2]

— .58

10-20 , .69 20-30

Article 27. Sick Leave Bank

Text of Article 27:[1]

VTA members may donate up to fifty percent (50%) of their annual leave entitlement to a long-term disability sick leave bank, provided that each member retains at least ten (10) annual leave days after such donation is made. (Employees whose accrued annual leave balance is reduced as a direct result of disciplinary action may donate such lost time to the Sick Leave bank.) The bank is for the benefit of a Unit member who is absent on account of non-job related, long-term disability and who has used all his or her sick leave, whether or not such employee is expected to return to work. This Section shall not enlarge an employee's right to continuing employment under pre-existing statute, contract provision, or regulation. The Bank will commence to operate on July 1, 1990, and continue on a calendar year basis from January 1, 1991. It will be administered by the Department Labor Management Committee. Unit members will be notified of the month in which donations may be made, once per calendar year. Not more than one hundred fifty (150) unused bank days may be carried over from calendar year to calendar year. Prior to receiving an award of leave Unit members must have contributed to the bank if able to do so.[2]

Article 28. Medical Expenses

Text of Article 28:[1]

Employees exposed to hazardous physical, biological, or chemical agents shall be provided, at no cost to the employee, with medical examinations or evaluations required by VOSHA regulations. If there are no specific VOSHA regulations or standards for the agent in question, recommendations of the National Institute of Occupational Safety and Health or other generally recognized expert organization shall be used, as determined by the Commissioner of Health. Employees determined by the Health Department to be at substantial risk for exposure to contagious diseases shall be provided appropriate vaccines. Groups at risk will be defined by the Vermont Department of Health. If no guidelines have been published by the Department of Health, the guidelines published by the Center for Disease Control in Atlanta, Georgia, will apply. Vaccines and/or appropriate medical examinations will be provided at no cost to the employee according to applicable guidelines. If the Department of Public Safety decides to implement a Medical Monitoring Program on or after July 1, 1990, shall do so by conferring with the Health Department, and the Department of Human Resources. Prior to implementation, the Department of Human Resources shall notify VTA. The parties shall meet within ten (10) days (unless mutually extended) after a request for negotiations by either party and thereafter on a regular basis for a period not exceeding forty-five (45) calendar days, after which the State may implement the program, whether or not the parties have bargained to genuine impasse. The VTA shall retain all statutory impasse procedure rights as may be lawfully available to VTA during the life of this Agreement, provided, however, the State at any time may withdraw its proposed medical monitoring program or terminate without further bargaining a medical monitoring program previously implemented, in which case, such retained statutory impasse procedure rights are extinguished.[2]

Article 29. Injury on the Job

Text of Article 29:[1]

The State will post at the duty station a notice informing employees that injuries must be reported within seventy-two (72) hours to management. The employer is required to file a First Report of Injury with the Department of Labor and Industry within seventy-two (72) hours and may require employees to assist by filling out portions of the First Report of Injury Forms which will be made available by the employer at the duty station. For an injury relating to the performance of a State job under the special circumstances described below, an employee will be paid the difference between basic salary and Workers' Compensation (as defined in paragraph 4 of this Article) without charge to paid leave: (a) The injury results from an assault (physical contact by a person, or by an animal). If injuries result from an incident in which the participants are State employees and willing combatants, this Article shall not apply. (b) A state police officer injured in a highway accident. Payment is barred when it is determined by the VLRB that the employee's negligence equaled or exceeded the negligence or conduct of any other person involved in the accident, or in the absence of such third party, that the employee's negligence was the proximate cause of his or her injury. (c) (1) Injuries sustained in the physical performance of law enforcement duties, such as: (2) Injuries sustained from firearms discharge and/or tasers, unless self-inflicted; (3) Injuries sustained while conducting foot pursuits, K-9 searches, and searches in rural wooded areas or waterways as part of law enforcement duties; (4) Injuries as a result of exposure to biohazards, infectious disease, chemicals, drugs, and/or explosives as part of law enforcement duties; (5) Injuries sustained in Use of Force or other similar trainings; and (6) The provisions of this section may be extended in other appropriate cases by the Commissioner of Public Safety with the concurrence of the Commissioner of Human Resources. For an injury sustained in the course of preparing for the Fitness Program and Assessment (Article 51), see Appendix H. If an employee is injured on the job, and such injury is determined as compensable under Worker's Compensation, then any use of sick leave for days lost and not compensated by worker's compensation shall count as good time for the purpose of determining overtime pay during the same pay period in which the sick leave was utilized. In any such instance, as in all other instances, the determination by the Commissioner of Labor shall be conclusive on whether an injury is job-related. Pending such determination in any "contested" case by the Commissioner, but not pending any appeal from such determination, the State shall not dismiss an employee for the reason that the injury prevents him or her from performing his or her duties. If the Commissioner rules in the employee's favor, and the decision is not appealed by the State, the State will try to place the employee in any State job for which the employee meets the minimum qualifications and is willing and able to perform, prior to separation. An employee who, due to a job-related or non job-related, injury is separated from his or her position, but is not retired, shall be granted RIF reemployment rights under the RIF article with the ninety (90) day probationary period. The employee must meet minimum qualifications and be able to perform the duties of the position to which he or she is being reemployed. Such employee will be eligible for health benefit coverage under Section 20 of the Reemployment Rights (Recall Rights) article. If the State determines that an employee is disabled as defined by the Americans with Disabilities Act and such disability prevents the employee from performing the essential functions of his or her position (s)he shall be entitled to utilize the State's Reasonable Accommodation Policy. If utilization of the Policy does not result in a reasonable accommodation, which in some cases may be employment in a vacant position in the employee's own or another department, then the employee will be separated from employment. Such employee shall be granted RIF reemployment rights under the RIF article with the ninety (90) day probationary period. The employee must meet minimum qualifications and be able to perform the essential functions of the position to which he or she seeks to be reemployed. Such employee will be eligible for health benefit coverage under Section 20 of the Reemployment Rights (Recall Rights) article. For purposes of computing benefits under Paragraph 2 of this Article, the term "Workers Compensation" shall be defined and applied as follows: (a) For all injuries for which a temporary total disability payment is provided, "Workers' Compensation" means that payment established as compensation for temporary total disability. In computing benefits due under this Article, the amount of money provided as a temporary total disability payment during the period of disability (prorated as appropriate) shall be deducted from the basic salary of the employee, and employer shall compensate the employee to the extent of said difference without charge to any form of paid leave time. (b) For all injuries for which there is no provision for temporary total disability payments (e.g., only those injuries listed in 21 V.S.A. 648(19)(A)(B)(C)), the term "Workers' Compensation" shall mean the statutory compensation (excluding medical and vocational rehabilitation awards) provided. Such statutory compensation shall be prorated on an appropriate basis and deducted from the basic salary of the employee for the period of time during which the employee is unable to work. The employer shall compensate the employee, under this Article, to the extent of the difference between such prorated compensation and the basic salary. An employee injured on the job may be granted unpaid leave in accordance with Off Payroll and Administrative Leaves of Absence Article, of this contract.[2]

Article 30. Off Payroll and Administrative Leaves of Absence

Text of Article 30:[1]

POLICY (a) A leave of absence may only be granted to a classified employee who can be expected to return to work provided that, in the opinion of the Commissioner of Human Resources upon advice of the appointing authority, the leave of absence is in the overall best interests of the employee and clearly not detrimental to the State of Vermont. This Article, unless specified, does not apply to employees in original probationary period. (b) An administrative leave of absence may be granted: (1) to permit the employee to accept an exempt appointment; or (2) to enable the employee to perform the duties of a Commissioner for an interim period; or (3) to enable the employee to stay with family for an extended period due to serious illness or injury to a member of the immediate family or other family emergency when the employee does not elect to have such absence charged to annual leave or has no annual leave; or (4) to permit an employee to accept temporary assignment with another unit of government in accordance with the provisions of the Federal Intergovernmental Personnel Act, and Title 1, V.S.A. 821, et seq.; or (5) any other justifiable reason at the request of the employee and with the concurrence of the appointing authority and the Commissioner of Human Resources. (c) An administrative leave of absence for personal medical reasons may be granted to an individual in original probation as outlined above, provided that such leave will automatically extend the original probationary period for at least the length of the leave, to ensure the working test period for full performance of the job has been met. (d) An employee shall not be granted a leave of absence from a classified position to accept a temporary position or a contractual arrangement in Vermont State government. However, nothing shall prohibit the appointing authority from recommending, and the Human Resources Commissioner granting, a leave to accept a limited service classified position in a different or same department or agency. (e) An employee granted a leave of absence without pay shall not receive annual and sick leave credits for the period of absence, nor shall such time be counted in determining the rate of annual and sick leave accrual and reduction in force rights. (f) All leaves of absence must be approved in advance and must be for a definite period of time with an established date for return to duty, which, on request of the employee, may be extended or shortened at the sole discretion of the appointing authority. (g) No leave shall be granted for a period longer than six (6) months, but such leave may be extended under the same conditions not to exceed an aggregate of eighteen (18) months in a five (5) year period of employment. However, an employee injured on the job may be granted leave for up to two (2) years in a five (5) year period and shall not be denied such, extra leave solely because a claim under Workers Compensation is being contested. An employee granted leave in accordance with the provisions of the Federal Intergovernmental Personnel Act shall be granted leave for a two (2) year period which may be extended for an additional two (2) years. In the event a conflict arises between the provisions of this policy and the Intergovernmental Personnel Act, the provisions of the Act shall prevail. (h) Exempt Employment (1) An employee who accepts an exempt appointment shall: (i) be entitled to an indefinite leave of absence from the classified service while remaining in the exempt position. Such a leave shall not guarantee the employee's return to the previous or any other classified position. (ii) Employees wishing to return may compete for vacant positions under rules of restoration, or may be appointed in compliance with Title 3, V.S.A. 220. (2) SALARY ON RETURN: (i) Exempt employees employed under a "classified" pay plan who return to classified employment will be entitled to a salary which will be calculated as if they had been continuously employed in classified service. This applies to salary, leave accruals, accrual rates and step dates. Such employees will not be entitled to retain pay, leave or other benefits which exceed that which they would otherwise be entitled to had they remained in the classified service. (ii) Employees who return from exempt positions not included in a "classified" pay plan shall have their salaries computed as a "restoration" except that any merit increases received as an exempt will be factored into the "restoration" salary. If this amount is less than the employee's exempt salary, pay may not be reduced unless the employee received increases upon entry or while in exempt service which would have exceeded those increases allowed under the "classified" pay plan. If this amount is higher than the exempt salary, pay may be increased to that step in the new grade which is next higher than the exempt salary, to determine the minimum rate for restoration purposes. In all instances the employee shall be placed on a step in the new grade not less than the end of probationary rate, nor more than the maximum. (3) On return to a classified position, employees shall be entitled to unused sick leave credits placed in his/her account when (s)he separated from the classified service; and have the prior classified and continuous exempt service count in determining the rate of accrual of annual and sick leave. (4) Annual leave shall be paid as a lump sum with the effective date of the indefinite leave from the classified service. This provision shall not apply if the exempt position has leave benefit accruals attached to it and the employee's current balances can be transferred to the exempt position. (5) For an employee who accepts an exempt position which is afforded classified benefits, the annual and sick leave accrued in the classified service may be carried into the exempt service, if the hiring authority so elects. (6) If the employee returns to the classified service from the leave of absence status, he or she may retain only those sick leave balances which would have been in place had the employee not left the classified service, and which are not compensated by the Appointing Authority in the exempt position on termination or transfer. (i) An employee granted leave of absence without pay for medical reasons (unless receiving Workers' Compensation) may elect to do so only after using sick leave credits in excess of one hundred twenty (120) hours. (j) Off Payroll (1) A classified employee, including those in original probationary status, may be granted time off the payroll for short periods when it is necessary to be absent from duty and the employee has no accumulated annual leave, personal leave, compensatory time off, or - in the case of a leave request for injury or illness - sick leave credits. Such off payroll time may not exceed a full pay period. Absences for less than the full pay period shall not be considered a "leave of absence". If it is anticipated that an employee will be unable to work for more than a full pay period, a leave of absence may be granted as outlined in this Article. (2) A classified employee who does not report for work or who is absent from duty during any portion of a workday and who does not have authorization for such absence shall be considered "absent without leave". Any such absence shall be without pay, and, in addition, may be grounds for disciplinary action. However, an absence which is not authorized in advance may be covered by a retroactive granting of leave if the circumstances warrant. (k) A classified employee shall not accrue annual leave or sick leave if off payroll or on a leave of absence for twenty (20) hours or more in any pay period. (l) An employee who fails to return from a leave of absence, paid or unpaid, for five (5) consecutive workdays after a leave is terminated, or an employee who is absent from work for five (5) consecutive workdays without notifying management shall be considered a voluntary quit, except when returning from military leave. This section does not prevent discipline for absenteeism. (m) This Article neither adds to nor subtracts from the benefits of probationary employees. (n) An employee who is unable to perform job duties because of extended illness or disability (more than a full pay period), and who has exhausted all but one hundred twenty (120) hours of sick leave, and who chooses not to use annual leave, personal leave or comp time balances, upon request shall be granted a medical leave of absence for up to six (6) months, which may also be extended with the approval of the appointing authority, as specified under paragraph (g). PROCEDURES (a) When a leave of absence or off payroll time can be anticipated in advance, the employee shall request such leave or time off as soon as possible. (b) The employee's request for leave shall include the reason for the absence and the anticipated period of absence. (c) If the employee cannot report to work due to an accident or other emergency, the supervisor shall be informed as soon as possible to avoid being considered "absent without leave" and subject to possible disciplinary action.[2]

Article 31. Educational Leave and Career Development

Text of Article 31:[1]

EDUCATIONAL LEAVE WITH PAY Educational leave with pay may be granted on request of the employee and with the approval of the appointing authority and Commissioner of Human Resources. (a) The employee shall agree to pass the required course of study or reimburse the State for all funds received including salary, while on leave; and agrees to continue employment with the State on a calendar for academic year basis or reimburse the State for all funds received while on leave, including salary, prorated according to the unexpired period of obligation. Reimbursement can be waived in whole or in part by the Human Resources Commissioner if the employee's obligation cannot be met through no fault of the employee. EDUCATIONAL LEAVE WITHOUT PAY Educational leave without pay may be granted on request of the employee and with approval of the appointing authority and Commissioner of Human Resources. (a) Annual leave for full time leave may be cashed in at the employee's option or retained for use on return from leave. (b) An employee who does not return to work within thirty (30) days of completion of the authorized course of studies may be terminated from State service. GENERAL PROVISIONS (a) The Commissioner of Human Resources may issue guidelines establishing procedures for application and assist departments and employees to develop criteria in formulating career development plans and criteria for approval or disapproval. (b) For partial day absences (not to exceed eight (8) hours per week) and short absences of less than a full pay period, the appointing authority may authorize release time without charge to leave accruals to allow an employee to attend non-job required course work, provided such courses are either directly related to an employee's existing job duties or are consistent with a submitted career development plan approved in advance by the appointing authority and Commissioner of Human Resources (or designee). (c) Time spent on educational leave shall be counted in determining the rate of annual and sick leave accrual and reduction in force rights, but no leave benefits shall be accrued or credited.[2]

Article 32. Military Leave

Text of Article 32:[1]

POLICY (a) A classified employee inducted into the Armed Forces of the United States either by draft or voluntary enlistment for active service shall be granted a leave of absence without pay for the duration of his or her active duty, and shall be reinstated to his or her position after being relieved of military duties in accordance with the provisions of the Uniformed Services Employment and Reemployment Rights Act (USERRA) 38 USC §§ 4301-4334, or such additional rights as specified in section 2(b) below. (b) A classified employee entering the Armed Forces for active duty for training shall be granted a leave of absence without pay for the period of service and shall be reinstated to his/her position after being relieved of military duties in accordance with the provisions of USERRA, or such additional rights as specified in section 2(b) below. The provisions of this paragraph shall not be construed as limiting in any way the benefits described elsewhere in this Article. (c) A classified employee returning to work following leave of absence for active service or active duty for training shall be compensated at an amount in the pay grade of his or her assigned class at least equivalent to the point above the minimum of the pay grade the employee was receiving at the time of departure. A returning employee shall be granted all general pay increases, such as legislative, cost of living adjustments, or adjusted recruitment rates, but shall not, however, be entitled to merit increases, except as the guidelines relating thereto shall provide. (d) A classified employee on leave of absence for active service or active duty for training who returns to State employment in accordance with the conditions outlined above shall have such time counted in computing the total years of service for purposes of determining the rate of annual and sick leave accrual and reduction in force rights. However, he or she shall not accrue such leave rights during the period of leave of absence. (e) A classified employee on leave of absence for active service or active duty for training may receive service credits in the retirement system in accordance with any applicable provisions of the Retirement system and USERRA. (f) A classified employee on leave of absence for active service or active duty for training for a period in excess of one (1) year may, at his or her option: receive cash payment for accrued annual leave upon entering military leave status; or may use accrued annual, compensatory, or personal leave during the period of service; or may retain his or her leave credits for use upon return to active employment. Sick leave credits shall be retained in the employee's account upon return to active employment. (g) MILITARY TRAINING. A permanent-status or limited-status classified employee who is a member of the Organized Reserve or National Guard shall be allowed military leave with pay, at the rate of his or her normal base salary prorated as appropriate, for any authorized training, UTA, AT Period, or other State or Federal service up to a maximum of fifteen (15) workdays scheduled by military authority in any Federal Training Year - October 1 to September 30. A permanent-status or limited-status classified employee who has more than fifteen (15) days of authorized military duty scheduled in one (1) Federal Training Year shall not be entitled to leave with pay for those days in excess of fifteen (15), and shall be placed in an off payroll or leave of absence status, unless he or she elects to use accumulated annual, personal leave, or compensatory time leave credits for the period of absence. (h) A permanent-status, part-time classified employee shall be granted military leave with pay for such military duty on a prorated basis. (i) Employees who are in an off payroll or leave of absence status because they have exhausted all available days of paid military leave and are absent pursuant to orders for authorized training or service, are entitled to continue coverage in a health insurance plan if the orders are for thirty (30) days or less and the employee pays the regular employee percentage of premium contribution for the coverage in advance. (j) MISCELLANEOUS MILITARY OBLIGATIONS (1) A classified employee ordered to take a service pre-induction physical examination shall be granted leave with full pay. (2) A member of the National Guard ordered to duty by the Governor for emergency or other reasons shall receive military pay differential in lieu of his or her normal base salary prorated for each workday involved. (k) INACTIVE DUTY TRAINING Subject to the operating needs of the Department, and only with the approval of the appointing authority, with thirty (30) days advance request, employees may be permitted the option of switching days off in order to attend inactive duty training without charge to annual leave or being placed in an off-payroll status. Any decision to grant or not grant such a request shall not be subject to grievance by the requesting employee or any employee who might be rescheduled to accommodate such a request. (l) Members of the American Legion or Veterans of Foreign Wars attending a veteran's funeral in the capacity of an official color guard may, subject to the operating needs of their department, be granted up to twenty-four (24) hours off per fiscal year without loss of pay to serve in such capacity. RESPONSIBILITIES (a) Each employee shall notify his or her supervisor as soon as possible of scheduled military obligations and obtain a copy of the military orders for his or her supervisor as soon as possible, unless prevented from doing so by military necessity. (b) Each employee returning to work following an absence from military service shall comply with the applicable USERRA provisions and shall be allowed the time described in the following chart after completion of military service to apply for return to State service. Length of Military Service [2]

— 30 days

181 days or more , 90 days NO LOSS OF OTHER BENEFITS Any employee on off payroll status of short duration due to Active Service, Active Duty for Training, or other obligatory military service or training shall not be denied personal leave accrual or holiday pay, solely on the basis of such absence.

Article 33. Leave of Absence for Political Activity

Text of Article 33:[1]

Subject to the operating needs of any agency, and subject to any conflict of interest or any other legal barrier as may be determined by the Attorney General, and subject to the Hatch Act or any other applicable federal law, leave of absence without pay may be granted to run for any public office at the state or national or local level or to act in any such capacity if elected. Leave under this situation must be specifically approved in advance by the appointing authority and the Commissioner of Human Resources. No employee shall be discriminated against under this Section based on his or her lawful political activity. LEGISLATIVE LEAVE To the extent authorized by 21 V.S.A. 496, and subject to any conflict of interest or legal barrier as may be determined by the Attorney General, the Hatch Act or any other applicable federal law, state employees shall be entitled to leave of absence in order to serve in the General Assembly. Leave under this situation must be specifically approved in advance by the appointing authority and Commissioner of Human Resources. POLITICAL ACTIVITY An employee shall not use his or her official authority for the purpose of interfering with or affecting the nomination or election of any candidate for public office. An employee shall not command or solicit in a coercive fashion from any other employee direct or indirect participation in any political activity or enforce or solicit in a coercive fashion contribution for any political party, organization, or candidate. An employee shall retain his or her right to vote and freely express opinions on all political subjects. An employee shall not be prohibited from participation in local community activities or from holding public office in the community in which the employee resides, provided that such activity does not conflict with Section 3.01 of the Rules and Regulations for Personnel Administration (and the Federal Hatch Act to the extent that employees of agencies receiving federal funds are subject thereto). The provisions of this Article are intended to supersede any conflicting provisions in Personnel Rule 3.02.[2]

Article 34. Court and Jury Duty

Text of Article 34:[1]

It shall be the policy of the State to encourage employees to recognize and perform their civic responsibilities. A classified employee summoned for court or jury duty shall be excused from work for the time necessary to perform such duty when he or she furnishes timely notice of subpoena or summons to his or her supervisor. Attendance at court in connection with the employee's official duties shall not be considered absence from work. The State expects its employees to serve when summoned for jury duty and will not request that an employee be excused from serving except in unusual circumstances which jeopardize service to the public. A classified employee who is unable to perform his or her job because of court or jury duty shall be entitled to receive total wages not to exceed his or her normal base salary prorated for the day, days, or part of a day involved by combining jury duty pay or witness fee and state wage. An employee who requests accrued annual leave or compensatory time off to appear as defendant or party-plaintiff in civil or criminal actions shall be granted such time off, including an employee who has been suspended without pay, except in the instance where the court appearance is related to the matter for which he or she was suspended. An employee may use annual leave, personal leave or compensatory time off for his/her absence due to court or jury duty, in which case he or she shall then be entitled to keep the court or jury duty pay received. Notwithstanding the above, employees are advised that State law prohibits the payment of witness fees or other compensation to State employees when the State is a party to the case (plaintiff or defendant). It is the obligation of the employee to notify his or her supervisor as soon as he or she is called for court or jury duty. An employee shall not be obligated to pay back mileage reimbursement received as part of court or jury duty pay.[2]

Article 35. Personal Leave

Text of Article 35:[1]

An employee who in any fiscal three (3) month period (beginning with the first full payroll period in July, October, January and April): (a) does not use sick leave, except an employee may use up to nine (9) hours of sick leave for medical examinations or routine dental appointments which cannot reasonably be made outside the employee's regular working hours; and, (b) is not off payroll or on any type of leave of absence without pay or suspension without pay, shall be entitled to one and one-quarter (1.25) personal leave days. (c) Any unused personal leave day(s) accrued during a fiscal year, may be used in the succeeding fiscal year, but not thereafter, and shall not be compensable in cash, convertible to other forms of leave, or accumulated beyond that succeeding fiscal year. No employee shall be entitled to earn more than five (5) days of personal leave days per fiscal year under the terms of Section 1 above. This Article does not apply to employees in an original probationary period. However, upon completion of original probation an employee shall be eligible for any personal leave credits earned during the probationary period. For the purposes of this Article, a "day" of personal leave shall be defined as the number of hours that is consistent with the provisions of the payroll procedures.[2]

Article 36. Moving Time

Text of Article 36:[1]

An employee will be allowed up to three (3) days paid moving leave time in connection with any geographic reassignment for the Department.[2]

Article 37. Emergency Closing

Text of Article 37:[1]

Management shall decide when, if, and to what extent State facilities shall remain open or closed during emergencies, such as adverse weather conditions, acts of God, equipment breakdown, inoperational bathroom facilities, extreme office temperatures, etc. Upon the effective date of this Agreement, the State shall publish a list of the management personnel in the Department of Public Safety and geographic area authorized to open or close State facilities during emergencies. In facilities that must remain operational despite emergency conditions, continued operations with a reduced work force may be authorized. In such instances, employees who are authorized to leave work early may do so without loss of pay or benefits. Employees who are required to remain at work shall receive compensatory time at straight time rates. An employee who is unable to report to work due to weather or other emergency conditions shall have the absence charged against accumulated compensatory time or annual leave, in that order. If management authorizes the complete closing of a State office or facility for emergency reasons, employees who leave the workplace shall receive their regular pay for time they are out of the closed office. Employees required by management to work in a closed facility during complete emergency closings under paragraph 5 above, shall receive hourly pay at straight time rates for the hours so worked. This payment will be in addition to the employee's regular pay. Employees required to work at a temporary location, upon closure of their regular work location, due to an emergency closing, shall be eligible for mileage reimbursement to/from such temporary location for miles actual and necessarily traveled in excess of their normal commute distance. This provision shall be applicable until such time that the employee is returned to their original work location or an alternate work location becomes a permanent assignment.[2]

Article 38. Salaries and Wages

Text of Article 38:[1]

The compensation plans for State employees covered by this Agreement shall be as follows: Effective Date [2]

— Appendix 2

July 2, 2023 - June 30, 2024 , Appendix 3 Salary is computed as an hourly rate rounded to the nearest whole cent. (a) Effective with the start of the first full payroll period in July 2022, all employees covered by this Agreement shall receive an eight percent (8.0%) increase, based on rates in force on the prior day. Such adjustment shall be applied to the salary grid. Effective with the start of the first full payroll period in July 2023, all employees covered by this Agreement shall receive a three percent (3.0%) increase, based on rates in force on the prior day. Such adjustment shall be applied to the salary grid. (b) Employees equal to or more than eight percent (8.0%) above the maximum for their pay grade on the effective date of the July 2022 increase shall instead receive a lump sum payment equivalent to eight percent (8.0%) of their base hourly rate, annualized, and prorated for part-time employment. Lump sum payments will be made in the paycheck for the first full pay period following ratification of this Agreement. Employees equal to or more than three percent (3.0%) above the maximum for their pay grade on the effective date of the July 2023 increase shall instead receive a lump sum payment equivalent to three percent (3.0%) of their base hourly rate, annualized, and prorated for part-time employment. Lump sum payments will be made in the paycheck for the first full pay period in July 2023. (c) Employees who are less than eight percent (8.0%) above the maximum of their pay grade on the effective date of the July 2022 increase, shall receive that proportion of the increase that will result in their placement on Step 15 of their pay grade, and shall receive the difference between this base salary increase and the eight percent (8.0%) increase, annualized, and prorated for part-time employment, as a lump sum payment as specified above. Employees who are less than three percent (3.0%) above the maximum of their pay grade on the effective date of the July 2023 increase, shall receive that proportion of the increase that will result in their placement on Step 15 of their pay grade, and shall receive the difference between this base salary increase and the three percent (3.0%) increase, annualized, and prorated for part-time employment, as a lump sum payment as specified above. Effective July 1, 2012, the required time on each step in the Step Pay Plan shall be as follows: Step 1 (probation) - normally, six (6) months Step 2 (EOP) - one year Step 3 - one year Step 4 - one year Step 5 - one year Step 6 - one year Step 7 - one year Step 8 - one year Step 9 - one year Step 10 - one year Step 11 - one year Step 12 - one year Step 13 - one year Step 14 - one year Step 15 - final step At the beginning of the first full payroll period following the employee's new Step Date, the employee shall advance to the next higher step in the pay grade upon completion of the required time on step. Movement to a higher step hereunder is predicated on satisfactory performance, based on the annual performance evaluation. In all cases, failure to achieve a satisfactory annual evaluation (i.e., a "3" under the current system) will result in loss of credit for that year's service in computing time on step. An employee who has been demoted from a position: (a) without loss of pay; or (b) with a percentage loss of pay pursuant to Section 6.072 of the Rules and Regulations for Personnel Administration; or (c) with a loss of pay due solely to the fact that the employee's salary could not exceed the maximum for the lower pay grade; and who later returns within two (2) years to a position in a higher pay grade shall be considered, for purposes of salary adjustment, to be a restored employee under Section 6.077 of the Rules and Regulations for Personnel Administration. Implementation of the compensation plans specified herein shall be in accordance with procedures developed by the Secretary of Administration subject to this collective bargaining agreement and shall not be subject to the provisions of Chapter 25 of Title 3. VTA shall be granted a copy of the procedures thirty (30) days prior to implementation and shall retain the right to grieve any violation of this Agreement resulting from implementation of such procedures. RATE AFTER PROMOTION, UPWARD REALLOCATION OR REASSIGNMENT Upon promotion, upward reallocation or reassignment of a position to a higher pay grade, an employee covered by this Agreement shall receive a salary increase by being slotted onto that step of the new pay grade which would reflect an increase of at least five percent (5%) over the salary rate prior to promotion (i.e., five percent (5%) is the lowest amount an employee will receive, and the maximum amount would be governed according to placement on a step which might be higher than, but nearest to, the five percent (5%) minimum specified). The rate of five percent (5%) as outlined above shall be eight percent (8%) if the employee is moving upwards three (3) or more pay grades. An employee who moves, for the first time, into the VSEA Supervisory Bargaining Unit by promotion, upward reallocation, redesignation, upward reassignment, or lateral transfer, on or after July 1, 2005, shall receive a salary increase of eight percent (8%) regardless of the number of pay grades involved. This subsection shall also apply if the movement is temporary or time limited. A temporary assignment shall not qualify as a "for first time" movement into the Supervisory Unit. The State shall provide notice to the VTA and the impacted employee, when an employee is temporarily reclassified into a supervisory position. Notwithstanding the above, any promotion or reclassification to a higher class as a result of an employee automatically "promoting" upon completion of the requirements of the lower level class as outlined in the position class description, the rate on promotion shall be eight percent (8%). In no case will such an employee receive less than the Step 2 (end of probation) rate of the new pay grade, unless the employee has not completed original probation, or more than the Step 15 (maximum) rate. If the employee's salary at the time of promotion, upward reallocation, or upward reassignment is already over the maximum of the new grade, no salary adjustment shall occur. After placement on step in the new pay grade, the employee may advance to the next step after meeting the waiting period requirements applicable to that step (as set forth in Section 4 herein), based on the effective date of the promotion or upward reallocation. The salary upon which any increase resulting from promotion, upward reallocation, or upward reassignment is computed for a given employee, is that employee's most recent salary in the last position in which any required probationary period was completed, plus any subsequent general salary adjustment, except that no employee will be reduced in salary as a result of this provision. (a) An employee, except an employee on original probation who, is promoted, upwardly reallocated or upwardly reassigned shall be placed on the step in the new pay grade that is the result of the normal promotional increase. (b) If a Request for Classification Review is submitted on or after January 13, 2002; and the incumbent is subsequently entitled to a retroactive pay adjustment due to corrective classification action (resulting from either classification review or classification grievance); and the incumbent has received a step increase after the date the request for review was filed but before the classification decision was processed; then the employee's salary shall be based on his/her rate of pay as of the date the adjustment is processed. Employees who are laterally transferred to a different position in their same class, or into a different class but in the same pay grade, will not establish a new Step Date as a result of such move. This provision does not apply to employees on original probation. (a) Effective July 5, 1992, when an employee voluntarily demotes three (3) or more pay grades, or is involuntarily demoted to a position in a lower pay grade, that employee shall be placed on a specific step in the new (lower) pay grade that is within the range for salary upon demotion specified in Section 6.072, et seq., of the Rules and Regulations for Personnel Administration which represents at least a one and one-half percent (1.5%) decrease in salary and then slotted down, but shall not be paid less than the minimum, nor more than the maximum for such lower pay grade. All such employees will establish a new Step Date. (b) Effective January 13, 2002, and notwithstanding the above, when an employee voluntarily demotes one (1) or two (2) pay grades (whether by classification action or otherwise), the rate of pay shall be "red circled" and shall not be subject to a reduction. Such employee will move to the step next above his/her red circled rate on the next step date, except when the salary is over the maximum for the pay grade or falls on a step in the new Pay Grade. The next step date in such cases shall be based on the effective date of the demotion, and will be calculated on the required time on step assigned to the step next below the employee's red circled rate. Nothing in this agreement shall restrict or preclude the employer from discussing voluntary demotion or downward reallocation with an employee for other than disciplinary reasons. When an employee is: promoted; demoted; restored; rehired in accordance with RIF rights; reallocated; or reassigned, a new Step Date shall be established, based upon the effective date of such action. The Commissioner of Human Resources retains the following rights: (a) Hiring Within Range To hire employees above the end of probation rate for their class, consistent with 6.042 et seq. of the Rules and Regulations for Personnel Administration for the State of Vermont. In any such instance, the Commissioner of Human Resources may raise the rate of current employees in that department in the same class and/or associated class to the rate of the newly hired employee. Employees so raised shall retain their old step date and time already accrued toward his/her next step movement. Any such hire or subsequent raising of the rate for previous hires shall not be deemed inconsistent with the provisions of paragraph 14 or 15 so long as the hiring rate specified for the class remains unchanged. (b) Changing Hiring Rate (1) To raise the hiring rate for one (1) or more classes. In such event the next higher numbered step shall be the new end of probation (EOP) rate. Original probationers shall be placed at the new minimum, (unless previously hired into range at a step greater than the new EOP) without affecting their step dates. Non-probationary employees below this new EOP rate in the affected class shall be placed on the new EOP rate. Non-Probationary employees in the class who are on steps at or above the new EOP rate shall receive a one (1) step increase. Step dates will be adjusted according to salary plan rules. (2) Employees at or above the maximum will have their hourly rates increased by an amount equivalent to the same percentage as from Step 14 to 15 of the relevant pay grade for the class(es), subject to the approval of the Secretary of Administration as required by Title 3, V.S.A. 310(h). (3) Any raising of the hiring rate for a class under this provision shall not be deemed inconsistent with the provisions of paragraph 15. Other Adjustments (a) This section shall be considered to be in compliance with Title 3, Section 310(h). (b) Nothing in Sections 14 or 15 shall prevent the Commissioner of Human Resources from subsequently lowering the hiring rate for one (1) or more classes; provided no employee shall be reduced in salary or step as a result. (c) Any agency request to change a hiring rate under this section shall be in accordance with guidelines as may be established by the Commissioner of Human Resources. (d) If the Commissioner of Human Resources wishes to grant more than a one (1) step increase for those persons at or above the new EOP, or increase the maximum of the grade for that class, the impact of such decision shall be negotiated for up to forty-five (45) calendar days with the VTA. At the end of the forty-five (45) calendar day period, commencing with notice by the Commissioner of Human Resources, subject to the provisions of (e), below, the State may implement any proposed adjustment without further negotiations or recourse to the statutory impasse procedures, by either party. (e) If a subsequent review of the Commissioner of Human Resources' recommendation for a market factor adjustment by the Commissioner of Finance and Management and/or the Secretary of Administration results in a change to the proposed adjustment, the State shall negotiate the impact of the proposed adjustment with the VTA for up to fifteen (15) calendar days. At the end of the fifteen (15) calendar day period commencing with notice by the Commissioner of Human Resources, the State may implement the adjustment without further negotiations or recourse to the statutory impasse procedures. (f) Notwithstanding the recommendations of the Commissioner of Human Resources or the Commissioner of Finance and Management, the Secretary of Administration shall have the final authority to approve, deny or modify the recommendations (rates, timetables or classes affected) for adjustments, both initially and/or in any subsequent review subject only to any limitations provided in this agreement. The decision of the Secretary shall be final and not subject to negotiation or review in any forum, except to the extent that it is alleged that the Secretary has exceeded the parameters established by this agreement. (g) If the Commissioner of Human Resources eliminates an MFA implemented prior to July 1, 1994, as a percentage differential, any affected employee will retain his/her then current rate of pay until his/her next step date, at which time (s)he shall be placed at the next higher regular step (without the MFA), unless the provisions of the MFA specify otherwise. Nothing in this Agreement will prevent the Human Resources Commissioner from establishing a new MFA with a built-in termination date or other limitation. (h) Any Market Factor Adjustment in effect on July 4, 1992, shall be considered a temporary add-on only for the time an employee remains in that class. During the life of this Agreement, with the agreement of the VTA, the State may implement Market Factor Adjustments for consideration other than hourly rate adjustments.

Article 39. Pay Checks

Text of Article 39:[1]

Employees shall continue to be paid on the second Thursday following the end of the pay period.[2]

Article 40. Higher Assignment Pay

Text of Article 40:[1]

Requiring employees to perform high-level duties which are normally the duties of an employee assigned to a higher pay grade is to be held to a minimum consistent with sound management in State government. From time to time, employees may be required by higher authority to take over the job of an employee assigned to a higher pay grade than their own when that higher-level employee is absent from duty. When time and circumstances permit, vacant higher-level position will be filled through the merit system under the applicable Rules and Regulations for Personnel Administration. However, because of the absence of an employee for a short period of time, and in management's judgment job continuity must be maintained, eligible employees in this bargaining unit who are required to take over the higher-level job shall receive "higher assignment pay" provided all the following criteria are met: (a) The employee takes over the job of the higher-level employee (see paragraph 7 below for definition); (b) The higher-level work is performed with the authorization of appropriate supervisory personnel; (c) The position is at least one (1) pay grade higher than the employee's own pay grade; and (d) The employee takes over the job of the higher-level employee for one (1) full work shift per day. The "higher assignment pay" rate shall be a differential rate equal to the same rate as the "rate on promotion" in the Salary article, in no event less than the minimum nor more than the maximum base rate for the position to which (s)he is assigned. The State will make a good faith effort to compensate employees for alternate rate work within thirty (30) days of the end of the pay period in which earned. An employee's overtime category shall not change when (s)he works in a higher-graded position at alternate rate pay. The following categories of employees shall NOT be eligible to receive "higher assignment pay" when and if they are required to work at a higher level: (a) Employees in positions designated as "trainee" positions; (b) Employees in automatic promotion classes; (c) Employees whose position descriptions clearly require them as part of their duties, from time to time or on a continuing basis, to fill in for their supervisors, or to assume other higher-level duties when necessary; and (d) Seasonal employees. The Commissioner of Human Resources shall, with the concurrence of the VTA, determine those classes and/or positions which shall not be eligible for "higher assignment pay." In the event the parties cannot agree on an exclusion within three (3) workdays of the Commissioner's request for concurrence, the Commissioner shall temporarily exclude the class or position from eligibility in order not to delay administrative processing of necessary personnel actions. The VTA may appeal the Commissioner's temporary decision to an impartial third party jointly selected by the State and the VTA. The decision of the third party shall be binding on the State and the VTA. Cost involved in the appeal shall be borne by the losing party. For purposes of this Agreement, the term "to take over the job of an employee in a higher-level position" means that an employee is required by appropriate higher authority to perform a majority of those duties of the higher-level job which are substantially different from his or her own normal duties, and that the employee will be held accountable for poor performance in the same manner that a newly assigned permanent employee would be held accountable for poor performance in the higher-level job. It is understood that the provisions of this Agreement do not conflict with 6.076 of the Rules and Regulations for Personnel Administration, which establishes the "alternate rate" rule covering seasonal employees and those employees who are regularly scheduled to alternate between two (2) separate sets of duties. Officers below the rank of Senior Trooper placed in charge for a full shift by the appropriate authority, in the absence of any other higher ranking officer in charge, shall be eligible for higher assignment pay.[2]

Article 41. Benefits Advisory Committee

Text of Article 41:[1]

An advisory committee with representatives designated by VTA and the State shall meet and consult regularly concerning the operation and administration of the Medical, Dental Assistance and Life Insurance Plans, Wellness, Department fitness programs, and any other health related subjects.[2]

Article 42. State Employee Health Plans

Text of Article 42:[1]

State Employee Health Plans: (a) The plans are as follows: (1) an Indemnity-type plan with the common mental health and substance abuse, prescription drug, vision, and wellness benefits; (2) a Point of Service (POS) plan with the common mental health and substance abuse, prescription drug, vision, and wellness benefits; The State will provide the current State Employee's Wellness Program to all covered employees and retirees (but not dependents) enrolled in one (1) of the four (4) health plans. The State and VSEA and VTA will continue to discuss and pursue Wellness initiatives and options that would enhance the current Wellness Program. These initiatives and options, if mutually-agreed to by the parties, will be incorporated into the Wellness Program. Except as required to effectuate the health care plan changes referenced above, the provisions of Article 42 of the 1999-2001 Agreement shall be incorporated into this Agreement. (b) Prescription Drugs. The prescription drug benefit for the Total Choice, Health Guard PPO (if applicable) and Select Care POS Plans shall implement the following. There shall be an initial deductible of twenty-five dollars ($25.00) per patient for each year. Commencing on January 1, 2019, the initial deductible will increase to fifty dollars ($50.00). As is currently the case, the State may select the Pharmacy Benefits Manager, who shall implement the terms of this section in accordance with its contract with the State. The Pharmacy Benefits Manager shall, in accordance with industry standards, categorize (and may subsequently recategorize) prescription drugs into three (3) tiers: generic, preferred brand and non-preferred brand. There shall be a co-payment by the patient on each prescription of ten percent (10%) for generic drugs, twenty percent (20%) for preferred brands, and forty percent (40%) for non-preferred brands. If there is no effective generic or preferred alternative to it, the co-pay for non-preferred brands shall be twenty percent (20%). There shall be a maximum out-of-pocket for the patient, in addition to the deductible, of six hundred seventy-five dollars ($675.00), effective January 1, 2009, and seven hundred fifty dollars ($750) effective January 1, 2010. Co-payments made at the forty percent (40%) rate for non-preferred brands shall not be counted toward the maximum out-of-pocket limit (i.e., there shall be no maximum out-of-pocket limit for co-payments made at the forty percent (40%) rate for non-preferred brands). The maximum out-of-pocket shall apply to all co-payments made at the ten percent (10%) or twenty percent (20%) rate. The maximum out-of-pocket limit shall also apply to all co-payments made for Specialty drugs at the forty percent (40%) rate. Effective January 1, 2019, the prescription drug formulary, formerly referred to as "the list" shall change to the standard national formulary of the Pharmacy Benefits manager and the State shall have the authority to authorize the Pharmacy Benefits manager to apply reasonable quality and cost measures such as prior authorization and drug quantity management. The Pharmacy Benefits Manager shall annually thereafter, provide a proposed list of the division of drugs into tiers prior to the implementation of such drug list. The parties will meet, review and discuss the list promptly. The parties must consider each other's positions in good faith. During any year, the Pharmacy Benefits Manager may bring forward revisions for discussion and review in accordance with this paragraph. (c) Study Committee. The parties shall utilize the Benefits Advisory Committee, with equal membership by the State and its unionized employees (VSEA and VTA), for the purpose of reviewing all issues related to health care and prescription drugs, and recommending changes to the bargaining committees. The parties shall also establish a special study committee to evaluate the current health plans, and make recommendations to the bargaining committees of the State and employees for sustainable savings in the health care plans. (d) The State of Vermont, through LiveWell Vermont, the State Employee Wellness Program, may offer influenza inoculations to permanent and temporary employees, regardless of whether they are members of the State Employee Health Plan(s), which shall be paid for by the Plan. However, the costs to provide such inoculations to non-members of the State Employee Health Plan(s) shall not exceed twelve thousand dollars ($12,000) per Fiscal Year. (1) Not later than March 31 of each Fiscal Year, the State shall provide VTA with the following information for that year: (i) Number of participants who received the inoculation; (ii) Total costs of the inoculation (including totals for vaccinations, staff time, overhead, etc.); and (iii) Name of vendor contracted to provide vaccinations and the amount paid for the contract. Premium Share: The State shall pay eighty percent (80%) of the premium cost of each plan and the employee or retiree will pay the remaining twenty percent (20%). Insurance Pools: If the State of Vermont is required by the Vermont Legislature to institute any insurance plan or pool, and the state employees' health plans are required to participate in such plan or pool, and the plan or pool: (a) includes a membership larger than the groups currently covered by the state employees' health plans; or (b) alters the structure of the state's current health plan offerings or their operating foundations; or (c) has an impact on plan benefits; or (d) increases premium rates; the State and VTA agree to a limited contract reopener for the purpose of negotiating the impacts of such change. Both parties shall retain all statutory impasse rights. Commencing on January 1, 2013, the SelectCare Health Insurance Plan employee co-payments that were fifteen dollars ($15.00) will increase to twenty dollars ($20.00). Commencing on January 1, 2019, the SelectCare Health Insurance Plan employee co-payments for non-specialist office visits that were twenty dollars ($20.00) will increase to twenty-five dollars ($25.00) and specialist office visit that were twenty dollars ($20.00) will increase to thirty dollars ($30.00). SelectCare emergency room visit co-payments that were fifty dollars ($50.00) will increase to seventy-five dollars ($75.00). SelectCare magnetic resonance image (MRI) co-payments will be thirty dollars ($30.00) Commencing on January 1, 2021, there shall be a maximum out-of-pocket limit of one thousand five hundred dollars ($1500.00) for a single person coverage or three thousand dollars ($3000.00) for a two (2) person or family coverage. Effective, January 1, 2023, plan members shall be entitled to a one thousand five hundred dollar ($1,500,00) hearing aid benefit for each ear in a sixty (60) month period. Eligibility/Enrollment: For purposes of this Article, "Plan" means any approved health plan in which the employee is enrolled. (a) Eligibility requirements: Minimum hours working requirement for eligibility for permanent part-time employees shall be as follows: to be eligible for membership in a Plan, an employee must be certified by the appointing authority as being expected to work at least one thousand forty (1040) hours per year in their position. The Commissioner of Human Resources may require a certificate from any appointing authority as appropriate to ascertain that any employee, or group of employees, initially meets and continues to meet this eligibility requirement. An employee who is not certified as meeting the eligibility requirement expressed herein shall not be allowed to join a Plan, and any employee initially certified as meeting the minimum working hours requirement may stay in a Plan only so long as the reasonable expectation of working at least one thousand forty (1040) hours per calendar year continues. No membership will be terminated under this section without reasonable notice and an opportunity for hearing before the Commissioner of Human Resources. Permanent part-time employees in an inactive status (i.e., a regular or irregular layoff due to seasonal needs or lack of work) who continue to meet Plan eligibility requirements may remain in the Plan, but they shall be responsible for payment of the entire premium in advance of the due date to the Department of Human Resources, Benefits Division. For purposes of continued participation in the Plan, employees under this section shall be governed by the same rules provided for employees in unpaid, non-medical leave of absence status. For purposes of this article, "due date" for an employee refers to each date on which the State pay date falls and on which the payroll deduction of premium would normally be made. For a retiree, "due date" shall be the first day of each month. Failure of the member to render required payments under this article in advance of the due date shall result in automatic cancellation of membership in a Plan. (b) Open Enrollment Period: There shall be an annual open enrollment period for State Employee Health Plans every November. Coverage shall be effective on the first day of January following the open enrollment period. Initial premium deductions shall be taken in the pay check for the pay period which includes January 1, each year. (c) Enrollment Eligibility of New Hires and New Dependents: Newly hired employees shall be eligible to enroll in any of the Plans between their first and 60th day of employment. Employees can enroll newborn or newly acquired dependents within sixty (60) days of birth, adoption, marriage, legal civil union, or bona fide domestic partnership. Enrollments in any of the Plans shall be in accordance with the rules of the Plans. (d) Enrollment Form: All Plan applicants shall be required to fill out and sign an eligibility/enrollment form provided by the Department of Human Resources. (e) Enrollment Exceptions: For purposes of this subsection, the term "spouse" shall be synonymous with legal civil union partner or bona fide domestic partner. Except in the case of new hire, marriage, legal civil union, bona fide domestic partnership, childbirth or adoption, divorce, dissolution of a legal civil union or a bona fide domestic partnership, death of a spouse, or spouse's job loss, enrollment will not be permitted outside the open enrollment period. An employee covered by one of the Plans shall not be allowed to change Plans outside the open enrollment period except in case of a permanent change of residence of such employee to a service area not covered by the managed care plan in which the employee is enrolled. (f) Eligibility for Health Coverage - RIF: An employee who is laid off on or after July 1, 1992, pursuant to the provisions of Reemployment Rights, may elect to continue membership in their Plan, upon advance payment of the regular percentage contribution to the cost of the Plan, during the first six (6) full pay periods next following the effective date of separation, provided the employee retains reemployment rights under the Reemployment Rights Article. This provision shall not apply to any employee who is subsequently returned to layoff status after having accepted a reemployment offer. An employee who accepts the offer under Section 8(d) of the Reemployment Rights Article to displace and become a temporary employee shall be eligible for membership in their Plan under the above, until such employee declines a single mandatory offer of reemployment. Thereafter, former employees who remained as members of the Plan shall be eligible to remain in the Plan so long as they continue to make required payment of the entire premium in advance of the due date to the Department of Human Resources, Benefits Division. This benefit and privilege shall continue for the period of RIF status, not to exceed two (2) years from the effective date of separation. Any member under this section who drops or loses health insurance coverage, either voluntarily or by failing to pay the premium, shall not be eligible to re-enroll in the insurance plan during the remainder of their RIF status (although such former members may elect to be covered, in accordance with Plan rules, upon return to active State service through exercise of RIF rights). An employee who returns to active employment after a layoff shall not be eligible to enroll in any plan other than the plan in which the employee was enrolled at the time (s)he left active employment. All eligible dependents at the time of re-enrollment shall be eligible for coverage. (g) Eligibility for Health Coverage - Leave of Absence (LOA) Status: (1) Non-medical LOA: Members on an approved, unpaid leave of absence (non-medical) may remain in their Plan for the period of the approved leave, plus extensions, so long as they continue to make required payment of the entire premium in advance of the due date to the Department of Human Resources, Benefits Division. Any member under this Section, who drops or loses coverage, either voluntarily or by failing to pay the premium, shall not be eligible to re-enroll in any Plan during the remainder of their period of leave of absence status, and may not rejoin the Plan upon return to active status until an open enrollment period arises. (2) Medical LOA: Members on an approved, unpaid leave of absence granted for medical reasons may remain in their Plan for the period of the approved leave, plus any extensions, so long as they continue to make required payment of their share of the premium, as provided herein, in advance of the due date, to the Department of Human Resources, Benefits Division. During the first twelve (12) months of medical leave of absence, the State will continue to pay eighty percent (80%) of the premium, and the member will be responsible to pay the remaining twenty percent (20%). After twelve (12) months (which may be continuous, or an aggregate of leave time granted for a given illness or condition) a member may stay in their Plan for the remaining period of the medical leave of absence, plus extensions, so long as they continue to make payment of the entire premium in advance of the due date to the Department of Human Resources, Benefits Division. Any member under this Section, who drops or loses coverage, either voluntarily or by failing to pay the premium as required herein, shall not be eligible to reenroll in a Plan during the remainder of their leave of absence status and may not rejoin a Plan upon return to active status until an open enrollment period arises. (3) Paid LOA: Members on an approved, paid leave of absence may remain in a Plan for the period of approved paid leave. In any such case the employee's share of the premium will continue to be deducted from the employee's pay. Members in said status who elect to drop out of a Plan while on a paid leave shall be ineligible to re-enroll in a Plan upon return to active service until an open enrollment period arises. (4) Military LOA: As permitted under benefit plan rules and/or the contract, an employee who returns to active employment after an unpaid military leave of absence shall not be eligible to enroll in any plan other than the plan in which the employee was enrolled at the time (s)he left active employment. All eligible dependents at time of re-enrollment shall be eligible for coverage. (5) Legislative LOA: Employees on leave of absence to serve in the General Assembly of the State of Vermont shall retain insurance coverage hereunder and the State shall continue to pay eighty percent (80%) of the premium cost during such leave. The employee shall continue to pay their twenty percent (20%) share of the premium. (h) Students: Students shall be covered for an additional sixty (60) days following the date of graduation. Students shall be required once per year to provide certification that they are a full-time student. (i) The Plan shall provide coverage in compliance with the requirements of 8 V.S.A § 4089d (providing for extended coverage for certain dependent children). SELF INSURANCE Nothing herein shall prevent the State from self-insuring the terms of coverage or from contracting with an insurance company to provide substantially equivalent coverage. PRE-TAX PREMIUM PAYMENT The State will offer a pre-tax premium payment plan permitted under Section 125 of the Internal Revenue Code. FLEXIBLE SPENDING ACCOUNT The parties agree that the State shall have the right to use State Employee Health Plan funds to cover the administrative costs of operating the medical and dependent care flexible spending account programs. PLAN ADMINISTRATION (a) The State will keep a record of any surplus or deficit in Plan funds and will report its existence to VTA. (b) Any surplus, including that portion attributable to the State's percentage of premium payment, shall remain with the State Employee Health Plan Fund and shall not be expended for any non-Fund purposes without mutual agreement. (c) The State will give written notice to VTA of its intent to apply any State Employee Health Plan Fund surplus to premium reduction, new benefits or continued accumulations, or, in case of an anticipated deficit, of the necessity to raise premiums. The State will give at least forty-five (45) calendar days written notice to VTA over any proposed premium increase. At the request of VTA, the State will consult and discuss the proposed premium increase for a period not exceeding thirty (30) calendar days from the date of such notice by the State, after which the State may implement its decision, whether or not the parties have bargained to genuine impasse. The statutory impasse procedure shall not apply. (d) The State will consult with VTA concerning the method of funding for any newly recognized benefit. (e) VTA shall have a reasonable opportunity (not less than thirty (30) days) to review any subsequently drafted plan booklet prior to publication. (f) The VTA will encourage employees and retirees with problems or questions concerning the administration of health care claims to directly raise those concerns with the Benefits Division of the Department of Human Resources. The Benefits Division will work cooperatively with employees or retirees to resolve such questions. If such questions or concerns are not resolved and the VTA becomes involved in the issue, the Benefits Division shall work cooperatively with the VTA to seek a resolution.[2]

Article 43. Life Insurance

Text of Article 43:[1]

The life insurance program in effect shall be at least substantially equivalent to the program in force on June 30, 1990, except as provided below. The period of extended insurance under the permanent and total disability feature shall terminate when the person reaches age sixty-five (65) at which point the insured person shall be treated as every other insured person who retires. The unworked period of disability, however, shall be counted as time worked in determining whether the person had twenty (20) years of creditable service. An insured employee disabled on or before January 2, 1982, who has already been granted or who will be granted permanent and total disability benefits under the terms of the life insurance contract in effect on January 2, 1982, shall retain such benefit. The amount of life insurance for an insured employee shall be an amount equal to two times (2x) current salary, but not less than twenty thousand dollars ($20,000). The word "salary" as used herein shall be construed to mean an employee's base salary exclusive of any and all other compensation. Automatic adjustments in coverage amounts and premium costs charged shall be made to coincide with salary increases or decreases. Part-time employees shall continue to pay full-time premium for full-time benefit. A covered employee's contribution shall be twenty-five percent (25%) of the premium costs. Employees on leave of absence to serve in the Legislature shall retain their life insurance, so long as they continue to pay twenty-five percent (25%) of the premium, in advance of its due date, for the duration of the leave. Any employee may request the Benefits Director in writing to terminate coverage at any time. Any employee who on July 8, 1990, was insured under the life insurance program for an amount less than ten thousand dollars ($10,000) may retain such lower coverage until subscribing for the full coverage. The amount of life insurance for any employee covered by this Agreement who after July 1, 1979, retires in accordance with the terms of Title 3, Section 631(a)(2) shall be reduced and limited to ten thousand dollars ($10,000) on the date of retirement or as otherwise determined by the Legislature. The total premiums for group life insurance provided under Sections 631 and 632 of Title 3 shall be paid by the State on behalf of retired employees referred to in subsection 5 of this Article, on behalf of employees who are on sick leave without pay for a period not to exceed twelve (12) months and on behalf of any employee on disability retirement until proof of total and permanent disability has been accepted by the insurance company. Any surplus, including that portion which represents the State's portion of premium payment, shall remain with the life insurance Fund and shall not be expended for any non-Fund purpose without mutual agreement. In addition to any life insurance benefits generally provided under this Article, when an employee dies while on duty but his or her beneficiary upon application, is determined ineligible to receive the death benefit provided under federal law for trauma-related death in the line of duty, the State shall pay a special death benefit equal to one-half of the death benefit provided under federal law to such beneficiary designated under federal law, contingent upon appropriation by the Legislature. Initial enrollment in the Life Insurance program shall be done within the first sixty (60) days of employment. In addition to any death benefit which may be payable by the State under Section 8, the State shall reimburse the tuition cost at any Vermont State College or University of Vermont for the dependent child(ren) or spouse (widow or widower) an any unit member who dies while on duty, subject to the following: (a) Tuition reimbursement for dependent child(ren) shall be limited to courses taken after the death of the unit member, during the four (4) year period following high school graduation. (b) Tuition reimbursement for the widow or widower, who has not remarried, shall be limited to courses taken prior to the expiration of the fourth year following the death of the unit member. (c) This contract provision shall include the children/spouse of any unit member who died while on duty, retroactive to the year 1992. (d) Tuition reimbursement shall be payable from the Department of Public Safety's budget appropriation. The minimum hours working requirement for life insurance plan eligibility for permanent part-time employees shall be as follows: an employee must be certified by the appointing authority(s) as being expected to continue to work at least seven hundred and eighty (780) hours per plan year. The State will provide an option for employees to purchase additional Life Insurance beyond two times their base salary. An employee may purchase supplemental Life Insurance up to a maximum of eight times the employee's base salary with a maximum of $1,000,000 (up to a maximum of three times the employee's base salary ($500,000 maximum) without providing evidence of insurability). The employee shall be solely responsible for paying any associated premium. The State will provide an option for employees to purchase Life Insurance for eligible dependents with a maximum of $250,000. The employee shall be solely responsible for paying any associated premium.[2]

Article 44. Dental Insurance

Text of Article 44:[1]

Except as modified in paragraph 2, below, the State of Vermont Employee Dental Assistance Plan effective July 1, 2001, shall be at least substantially equivalent to the benefits under the Plan in effect on June 30, 2001, including the provision that there shall be a one year limit (based on the actual date of service) for the filing of claims. Effective July 1, 2014, the amount of the maximum covered dental expenses shall be one hundred percent (100%) for Class I, eighty percent (80%) for Class II, fifty percent (50%) for Class III, and fifty percent (50%) for Class IV of the plan allowed charges in effect on July 1, 2014, as determined by the Carrier, which shall be annually reviewed and updated by the Carrier. Effective July 1, 1994, the maximum lifetime orthodontia benefit (Class IV Dental Services) per individual will be one thousand seven hundred fifty dollars ($1,750), for eligible charges incurred on or after July 1, 1994. Effective July 1, 1996, the maximum amount payable for each individual for Class I, II, and III dental services during a plan year shall be one thousand dollars ($1,000). The minimum hours working requirement for dental plan eligibility for permanent part-time employees shall be as follows: an employee must be certified by the appointing authority(s) as being expected to continue to work at least seven hundred and eighty (780) hours per plan year. The State shall pay one hundred percent (100%) of the premium for the dental insurance policy for employees, and their dependents, as defined in 3 V.S.A. 631(a)(3). Any surplus in the dental insurance plan shall be under the exclusive control of the State to be spent for any purpose, either for the Plan or any improvement in plan benefits, or for purposes outside of the Plan. Each eligible employee shall be provided with a revised copy of the Dental Assistance Plan booklet. VTA shall have a reasonable opportunity to review the booklet prior to publication. Upon restoration to permanent status within two (2) years after a termination of employment other than by dismissal, an employee may re-enter the dental plan without a waiting period. Employees on leave of absence to serve in the Legislature shall retain their dental insurance for the duration of the leave. Eligible children of employees in the Vermont Dental Assistance Plan will be covered in the Plan until they reach their twenty-sixth (26th) birthday in accordance with the same child coverage eligibility rules that apply under the State employees' health insurance plans, regardless of their status as a full-time student.[2]

Article 45. Wellness Program

Text of Article 45:[1]

Nothing in this Agreement shall prevent a department or agency from recommending experimental "fitness" type programs and reward programs involving wellness promotion activities. Any such activities shall be funded from the department's separate appropriation, after review by the Benefits Advisory Committee and approval by the Secretary of Administration, or designee.[2]

Article 46. Expenses Reimbursement

Text of Article 46:[1]

All State employees, when away from home and office on official duties, shall be reimbursed for expenses incurred for lodging, meals and incidentals, at the applicable rate established by the General Services Administration ("GSA") for that location. Expenses shall be paid out of the appropriations made for the support of the respective departments. Employees should make every effort to submit their claims for expense reimbursement within sixty (60) days of the date on which the expenses were incurred. (a) Out-of-State Travel (1) Approval will be required before incurring reimbursable expenses, by the Commissioner or his or her designee, or, in emergency situations, by a division head, or designee, for a period not to exceed one day. (2) Travel reimbursement for air, rail, bus, and/or car rental will be made only if prior approval by the Commissioner, or designee, has been secured. (b) The State may require the submission of receipts for any of the above expenses. (c) Payments hereunder shall not be considered part of any employee's base hourly rate of pay for any purpose.[2]

Article 47. Mileage Reimbursement

Text of Article 47:[1]

For authorized automobile mileage actually and necessarily traveled in the performance of official duties, a State employee shall be reimbursed at the applicable rate established by the Federal General Services Administration ("GSA"), unless the employee is traveling in a State-owned or leased vehicle. For travel identified in Section 1, above, an employee who elects to utilize their personal vehicle when a State-owned or leased vehicle is not reasonably available for use shall be reimbursed at the applicable "if no Government-owned automobile is available" rate established by GSA. For travel identified in Section 1, above, an employee who elects to utilize their personal vehicle, when a State-owned or leased vehicle is reasonably available for use, shall be reimbursed at the applicable "if Government-owned automobile is available" rate established by the GSA. The Labor Management Committee shall be utilized as a discussion vehicle for exploring the suggestions of both parties concerning energy conservation, reduction of energy costs and appropriate incentive therefore. The "constructive travel doctrine" (i.e., where the normal commutation distance between an employee's home and his or her official duty station is deducted from mileage incurred in the course of business under certain circumstances) shall be abolished. Administrative rules and policies regarding mileage reimbursement shall be modified in accordance with this Article.[2]

Article 48. Office Allowance

Text of Article 48:[1]

EMPLOYEES (a) Who are required by the appointing authority to dedicate space in their homes for the purpose of conducting State business, and have telephones in their homes, the numbers of which are provided to the public for the purpose of conducting State business, and (b) Whose home office spaces would have qualified for a deduction as office space under federal income tax laws in force on July 1, 1976, shall receive an allowance of fifty-seven dollars and sixty-nine cents ($57.69) per pay period while so assigned. This allowance shall be in addition to their base pay and shall be considered full compensation for all costs and inconveniences incurred as a result of maintaining offices at home in accordance with the above provisions. (c) The failure of the State to publish phone numbers shall not be the sole basis for denying office allowance under this Article. Outpost Troopers eligible to receive an office allowance shall receive the rate of $57.69 per pay period, as above, so long as they are so assigned.[2]

Article 49. Clothing Allowance

Text of Article 49:[1]

UNIFORMS AND CLOTHING (a) Each employee shall receive a standard uniform issue as defined in the Vermont State Police Operations Manual, which shall include a dress blouse. CLOTHING ALLOWANCE AND CLEANING (a) An employee who is assigned to duty for which the Department requires civilian clothing on an assignment expected to last at least one year will receive a clothing allowance five hundred dollars ($500) up front at time of initial assignment and one hundred fifty dollars ($150) per quarter, commencing with the first fiscal quarter after the initial assignment. The allowance will be paid so long as the employee is assigned to such duty. Any cleaning privileges will be continued to the extent the Department otherwise has cleaners under contract for uniformed personnel. (b) An employee who is assigned to duty for which the Department requires civilian clothing on an assignment not expected to last at least one (1) year shall be paid one dollar and fifty cents ($1.50) for each required civilian clothes workday during such quarter. A new assignment cycle starts at the beginning of each fiscal year.[2]

Article 50. Reduction in Force

Text of Article 50:[1]

PURPOSE The purpose of this Article is to provide a system to ensure equitable and consistent treatment of classified employees when a reduction in force occurs. NOTICE TO VTA The right to determine that a reduction in force is necessary and the time when it shall occur is the employer's prerogative, pursuant to the provisions of Management Rights Article. Nothing in this Agreement shall be construed to imply otherwise. At least thirty (30) days before the effective date of any reduction in force and five days before any employee is officially notified of a layoff, the VTA will be given a list of affected classes and of employees selected for layoff, and given the opportunity to discuss alternatives. The following employees do not have rights as provided for in this Article unless otherwise stated: (a) provisional employees; (b) employees in their original probationary periods; (c) employees with limited status, including employees who voluntarily accept a promotion, transfer, or demotion from a permanent position to a limited service position, and, (d) other employees who do not have permanent status. Notwithstanding Section 3(c and d) (a) An employee with limited status in a limited service position has rights under this Article after three (3) consecutive years in one (1) or more limited service position(s). In the computation of seniority, permanent status employees shall receive credit for time spent in limited service. (b) Volunteers need not be separated prior to laying off classified employees provided the volunteers do not assume the duties of laid-off employees. For the purpose of this Section seniority shall be defined as length of service in the current rank plus any continuous prior service in a higher rank. The procedures in a reduction in force are as follows: (a) The appointing authority shall notify an employee (s)he is to be laid off at least thirty (30) days prior to the effective date of the reduction in force. If mutually agreed to, an employee may be given two (2) weeks' pay in lieu of notice. (b) The Department of Human Resources shall identify and determine the order of separation of employees with permanent status, by rank, in the following manner: (1) Employees shall be selected for layoff within rank in reverse order of seniority, calculated as length of service in the current rank plus any continuous prior service in a higher rank. A Lieutenant who is identified for layoff may bump into the VTA bargaining unit. The employee with the least seniority in the higher rank may bump a less senior employee who is the most junior in the next lower rank. The employee with the next higher seniority in the higher rank may bump a less senior employee with the next higher seniority in the new lower rank. (2) If two employees have equal seniority, the order of layoff will be determined by the last annual performance evaluations. The employee who rates "Outstanding" or better will be separated last. (3) In the event of equal seniority and annual performance ratings, a non-veteran will be laid off before an employee entitled to veterans' preference under 20 VSA Section 1543. (c) An employee with permanent status who would otherwise be laid off shall not be laid off provided there are original probationers in permanent classified positions within the bargaining unit, at the same or lower pay scale, and the employee about to be laid off meets the minimum qualifications and is willing and able to perform the duties of the position. (d) The employee who has received notice that he or she is to be laid off shall: (1) Advise the appointing authority and the Department of Human Resources of an interest in employment with the State and availability and willingness to work, by filing an updated employment application and establishing reemployment parameters with the Department of Human Resources; (2) Notify the Department of Human Resources of his or her current address and availability to work. (e) The employee who is offered reemployment must accept the offer within five (5) work days from the date he or she actually received written notice of the reemployment opportunity. Failure to accept within this time will constitute a decline of the offer. If he or she accepts the position the employee must report for duty within two (2) calendar weeks of the date of acceptance unless the appointing authority or designee waives the two week's requirement. (f) Reemployment rights will terminate if (s)he: (1) Accepts any offer of reemployment with the State; or (2) Fails to fulfill obligations under paragraph (d) above; or (3) Declines three mandatory offers of reemployment. Beginning thirty days (30) immediately prior to the effective date of the layoff and continuing for two (2) years beyond such effective date, employees who are in a Reduction in Force status will have mandatory reemployment rights to vacant positions represented by the VTA, or to positions in the Non-Management, Corrections, and Supervisory Units of the VSEA, only if there are no employees in those units having a priority claim to such vacancies (i.e., only if the Non-Management/Corrections/Supervisory reemployment lists have been exhausted). Reemployment rights shall apply if: such positions are at the same or lower pay grade as the position from which laid off; and if the employee meets the minimum qualifications for the position; and if the employee has indicated a desire and willingness to accept the job by stating so in "parameters" established with the Department of Human Resources before implementation of these reemployment rights can begin. Notwithstanding the above, management shall have the right to first promote permanent status employees from within the classified service to fill vacant classified bargaining unit positions, so long as such promotions produce a different vacant bargaining unit position which management intends to fill. A former permanent status employee, reemployed in accordance with the provisions of this section shall be paid the rate of pay being received at the time of the layoff, plus any general wage increases which would have been received, had the layoff not occurred, because of an adjustment to the pay grade or compensation plan, provided, however, this salary shall not exceed the maximum of the pay grade for the class to which reemployed, and shall not include any step increments. Employees reemployed to a position in a lower pay grade shall be treated in the same manner as a reallocation downward for pay adjustment purposes, subject to the maximum of the new grade. If this amount is less than the employee's exempt salary, pay may not be reduced unless the employee received increases upon entry or while in exempt service which would have exceeded those increases allowed under the "classified" pay plan. If this amount is higher than the exempt salary, pay may be increased to that step in the new grade which is next higher than the exempt salary, to determine the minimum rate for restoration purposes. In all instances the employee shall be placed on a step in the new grade not less than the end of probationary rate, nor more than the maximum. A laid off employee who no longer has mandatory or reemployment rights under Section 6 of this Article, may be placed at the top of any register/hiring certificate of State Promotional candidates if in the remainder of the two (2) year period for mandatory reemployment rights: (a) The position is at the same or lower pay grade as the position from which (s)he was laid off; and (b) The employee meets the minimum qualifications; and (c) The employee specifically applies to the Human Resources Department in response to the State Promotional Recruitment Announcements. A former permanent status employee who is reemployed in accordance with this Section shall be treated as a restoration for purposes of pay. A permanent status employee who, after notice of layoff, accepts a non-permanent position or a position outside the State government retains his or her reduction in force rights under this Article but does not acquire any new reduction in force rights upon the expiration or termination of such employment. An employee who is reemployed, pursuant to the reduction in force rights of this Article, into a limited service position shall retain mandatory reemployment rights, but limited to the remaining number of mandatory reemployment offers and time limitations that the employee has under Section 6 of this Article. If the class from which the employee was laid off has been reassigned to a higher or lower pay grade between the time the employee was laid off and the time a job offer is made pursuant to this Article, the employee has reemployment rights at the higher pay grade. An employee who is actually separated because of a reduction in force shall elect to: (a) Be paid for all earned annual leave in a lump sum up to a maximum of twenty (20) days with final payment for services; or (b) Keep up to one-half (1/2) of annual leave credits up to a maximum of ten (10) days for up to four (4) months from the effective date of separation. (c) If the employee retains annual leave credits and is reemployed by the State within four (4) months that retained annual leave balance will be reinstated. (d) If the employee retains annual leave credits and is not reemployed by the State within the four (4) months, or requests payment before an offer of mandatory employment is accepted, that annual leave will be paid in a lump sum at the hourly rate in effect when the employee was laid off. An employee who is laid off shall lose all accrued sick leave credits except: (a) An employee who is rehired under Section 6 shall have the sick leave credits accumulated up to the time of layoff, restored. (b) An employee on sick leave at the time he or she is laid off, who is totally and permanently unable to work due to a non-job-related disability and is ineligible for disability retirement shall: (1) Be entitled to retain one-half of accumulated sick leave credits up to a maximum of one hundred (120) days. (2) Be kept on the payroll at the same rate of pay as if (s)he had not been laid off, until his or her retained accumulated leave credits have been used. (3) The effective date of the reduction in force is not altered by payment of this leave time. (4) The State at its option may request a physician or physicians to confirm the nature and extent of the illness, at the State's expense. (c) An employee who is totally and permanently unable to work as a result of a job-related injury or illness and is ineligible for disability retirement shall: (1) Be entitled to retain all accumulated sick leave credits. (2) Be kept on the payroll at the same rate of pay as if he or she had not been laid off, until his or her retained accumulated leave credits have been used. (3) The effective date of the reduction in force is not altered by payment of this leave time. (4) The State at its option may request a physician or physicians to confirm the nature and extent of the illness, at the State's expense. (d) Notwithstanding (b) or (c) above, if an employee is laid off because the department lacks funds the employee will not be entitled to sick leave credits. In this event, the State shall petition the proper authority for the necessary money to provide the laid-off employee with sick leave pay in accordance with subsections (b) and (c) of this Section. A former permanent status employee who is actually laid off and then reemployed, in accordance with Section 6 or 7 above, shall be considered to have continuous State service, but shall not accrue seniority for the period of separation from State service. An employee reemployed in accordance with his or her mandatory reemployment rights under this Article who later agrees with the appointing authority that he or she is unable to perform the duties of his or her new position may resign and retain his or her rights provided in this Article. The employee will be entitled to only those rights as they resulted from the original layoff, including time limits and mandatory offers. The State is not required to pay any moving expenses incurred by any employee who accepts a promotion, transfer, or demotion as a result of a reduction in force. Those employees who are in a reduction in force status prior to the effective date of this Agreement shall be afforded the reemployment rights and benefits enumerated in this Article, only from the effective date of this Agreement through the date two (2) years from the effective date of their reduction in force. The Commissioner of Human Resources may extend the time period in which RIF Reemployment Rights are held by an employee who is temporarily disabled at the time of the effective date of layoff. Health Insurance Coverage. (a) An employee who is laid off or separated from employment on or after July 1, 1994, under circumstances which entitle such employee to reemployment rights under this Article, other than pursuant to reclassification provision if any, may elect to continue membership in their health benefit plan, upon advance payment of the regular percentage contribution to the cost of the plan, during the first six (6) full pay periods next following the effective date of separation, so long as such employee retains reemployment rights. An employee whose reemployment rights are reinstated following separation during a working test period and who did not receive health benefit coverage for six (6) full pay periods of layoff status prior to placement in such working test period may elect to continue membership in his or her health benefit plan upon advance payment of the regular percentage contribution to the cost of the plan for the number of pay periods which, when added to the number of pay periods in which such person received health benefit coverage prior to such placement, equals six (6) full pay periods of health benefit coverage during layoff status with reemployment rights. The parties recognize that the Americans with Disabilities Act and the Vermont Fair Employment Practices Act require that the State to provide reasonable accommodation to qualified disabled employees. [See Section 29, CFR 1630.2(o), EEOC ADA Regulation]. The parties acknowledge that as part of an ADA accommodation, the qualified disabled employee may be granted priority reemployment rights, notwithstanding the reemployment rights of other employees.[2]

Article 51. Physical Fitness Program and Assessment

Text of Article 51:[1]

Employees hired into the Department on or after July 1, 1986, shall be required to fully participate in the Department's physical fitness program (as identified within the Vermont State Police Policies) as a condition of employment. In order to be considered eligible for promotional opportunities each member shall, in the previous (2) two consecutive testing cycles, either meet or exceed the physical fitness standards established for the applicable age group. The member must meet minimum requirements during their promotional probationary period. Failure to meet minimum requirements during a promotional probationary period will result in demotion. Members must maintain at least a "good" rating to participate in Department Special Team assignments. Failure to achieve at least a "good" standing will result in suspension from assigned team until such time as the member achieves a "good" rating. Bargaining Unit employees shall be required to be assessed as follows: • Blood pressure and pulse checks (Fall assessment); • Height and weight measurements (Spring and fall assessment); • Coronary risk assessment (Spring and fall assessment); • Concept2 Rower (Spring and fall assessment); An employee who is identified as a high coronary risk by the Coronary Risk Assessment will not be required or allowed to participate in the fitness tests unless a physician states in writing that the employee is capable of participating in the fitness tests. All employees who participate in the physical fitness program conducted in the Fall of each year shall, as an alternative to the award of personal leave set out in Vermont State Police Policies, receive extra payment as follows: Score - Average $125 Good $225 Excellent $325 Superior $425 Payments made hereunder shall not be considered part of an employee's base hourly rate of pay for any purpose. In the event the physical fitness standards are changed, the State will negotiate the impact of such change on the award payments. Effective July 1, 2005, employee participation in a Spring physical fitness testing program shall be mandatory. Employees who participate in a physical fitness program conducted in the spring shall, as an alternative to the award of personal leave set out in Vermont State Police Policies, receive extra payment as follows: Average Score $125 Good $200 Excellent $250 Superior $300[2]

Article 52. Rank Advancement

Text of Article 52:[1]

Troopers who attain fifteen (15) years of service in the Vermont State Police after July 1, 1992; and Sergeants who attain fifteen (15) years of service in the grade of Sergeant on or after July 1, 1992; will be awarded the designation and rank insignia of Corporal or Senior Sergeant, respectively.[2]

Article 53. Whistle Blower

Text of Article 53:[1]

A "WHISTLE BLOWER" is defined as a person covered by this Agreement who makes public allegations of inefficiency or impropriety in government. No provision of this Agreement shall be deemed to interfere with such an employee in the exercise of his or her constitutional rights of free speech, and such person shall not be discriminated against in this employment with regard thereto. The protections provided by this Article do not apply to an employee whose statements are made with malicious disregard of the truth. Employees who possess information about inefficiency or impropriety in State government are urged to bring that information to the attention of appropriate officials prior to making public allegations.[2]

Article 54. Specialist Ranks

Text of Article 54:[1]

The Department of Public Safety shall not be prohibited from creating non-permanent, "specialist" ranks. Appointment to any such specialist rank shall be considered to be a limited term appointment.[2]

Article 55. Special Teams

Text of Article 55:[1]

Employees who are assigned and serve on the special teams of EOD, TSU, SCUBA, CRISIS NEGOTIATION SEARCH AND RESCUE, K-9, CRIME SCENE SEARCH, HONOR GUARD, CRASH RECONSTRUCTION, DRUG RECOGNITION EXPERT, CLAN LAB, CRITICAL ACTION, UNMANNED AERIAL SYSTEMS, and MEMBERS ASSISTANCE shall receive a lump sum of five hundred dollars ($500) per full year of service on the team(s). An employee serving on more than one (1) team shall be eligible for only one (1) such payment. Sergeants who are assigned to serve as the commander of a special team listed above shall receive a lump sum of seven hundred and fifty dollars ($750) in lieu of the five hundred dollars ($500) described above. Each Sergeant assigned to serve on the special team(s) shall receive a prorated share of the five hundred dollars ($500) special team allowance, or the seven and fifty hundred dollars ($750) allowance for team commanders, based on the number of complete pay periods served on the team(s) since assignment to the team(s) or since s/he last received the special team allowance, whichever is less. The special team allowance payment will be made for employees assigned to the team(s), as of September 1st, each year, prorated accordingly for the amount of time served on the team(s) since the previous September 1st. Proration shall be calculated on the number of complete pay periods served. Prorated payment of the special team allowance shall also be made to assigned members who terminate employment with the Vermont State Police or who leave the team before the September 1st payment is made. Should, during the term of this Agreement, the Department of Public Safety create a new special team(s), which is eligible for a special teams allowance, members will be paid as described in Sections 1 and 2, above.[2]

Article 56. Field Training Officer

Text of Article 56:[1]

Employees who serve as "Field Training Officer" shall receive eighteen (18) hours of pay at straight-time rates for each training cycle worked, for no more than three (3) cycles per fiscal year, (fifty-four (54) hours).[2]

Article 57. Canine Feeding Time

Text of Article 57:[1]

Each canine officer shall receive one half-hour pay at his/her applicable overtime rate per regularly scheduled day off, for care and feeding of an assigned Department canine. Each canine officer shall receive one-half (.5) hour pay at his/her straight-time rate for each day on annual, personal or compensatory time for care and feeding of an assigned Department canine; annual, personal and compensatory time accounts will be debited one-half (.5) hour less than required for the full day off to effect compensation at straight-time rates.[2]

Article 58. Reemployment

Text of Article 58:[1]

An employee who: After termination or transfer of employment as a permanent status employee (i.e., having successfully completed an original probationary period) or exempt employee with a satisfactory rating; and, Who has not been dismissed for cause; and, Is reemployed by the State within two (2) years after such termination; and, Upon successful completion of any required original probationary period; shall have the length of continuous previous classified and/or exempt service recredited for the purpose of subsequent leave accrual and RIF rights. An employee with multiple service breaks shall be eligible after each such service break for recredited length of all prior classified or exempt service, so long as such service break(s) was less than two (2) years and otherwise complies with the provisions of this Article. Upon written request, together with any required documentation prior classified and/or exempt service credit shall be effective as of the date the request is received by the employing Department, but in no event earlier than the date of successful completion of any original probationary period.[2]

Article 59. Cost Savings/Efficiency Awards

Text of Article 59:[1]

The Commissioner of Human Resources shall have discretion to grant meritorious awards to any employee based upon the adoption of the employee's cost savings/efficiency suggestion.[2]

Article 60. Parental Leave/Family Leave

Text of Article 60:[1]

POLICY It is the policy of the State to permit employees reasonable time off to care for dependent children in instances such as illness, birth, or adoption, and in cases of serious illness of a member of an employee's immediate family or for their own serious illness. Leave for such purposes is provided by both federal and state statutes ("statutory leave"). Vermont's Parental and Family Leave Act, 21 V.S.A. 470 et seq., and the Family Medical Leave Act, 29 U.S.C. 2601 et seq., establish the rights and obligations of employees and employers pertaining to such leaves. The following provisions integrate the basic requirements of the statutes and this collective bargaining agreement ("Agreement"), but do not create a waiver by the State or by the employees of other rights and/or obligations under this Agreement. In the event of any conflict created by the amendment of statute or otherwise, the rights and responsibilities of the State and employees will be determined by statute, except to the extent that such amendments would diminish the rights to which the employee is entitled under the terms of this Agreement. No provisions of this Article shall be determined to diminish the entitlement of any employee to unpaid leave under either of the above referenced statutes. Leave taken under this Agreement shall be credited against any such statutory entitlement to the full extent permitted by law. DEFINITIONS For purposes of this Article, the following definitions shall apply. If further definitions and/or clarifications are needed, the Code of Federal Regulations ("CFR") for the Family Medical Leave Act will be the authoritative reference and/or decisions of the Vermont Supreme Court with regard to the state statute. (a) "Eligible Employee" for the purposes of the statutory leaves, means an employee who has successfully completed original probation or has worked for one (1) year, whichever occurs first, and has worked for at least an average of twenty (20) hours per week. All references to employees in this Article are references to eligible employees. (b) "Family Leave" means a leave of absence from employment for one of the following reasons: (1) The serious illness of an eligible employee; or (2) the serious illness of a member of an eligible employee's immediate family. Family Leave, by itself or in combination with statutory Parental Leave (as opposed to contractual parental leave), may not exceed twelve (12) weeks in a twelve (12) month period beginning with the first day either type of leave is used. Leave taken under this Agreement will be credited against any such statutory entitlement to the full extent permitted by law. (c) "Immediate family" means an eligible employee's parent, grandparent, spouse, child, brother, sister, parent-in-law, grandchild, foster child, stepchild or ward who lives with the employee, any person residing with the employee, and any family member for whom an employee is primarily responsible either to arrange for health care or to provide care. (d) Statutory "Parental Leave" means a leave of absence from employment for one of the following reasons: (1) During the employee's pregnancy; (2) following the birth or delivery of the employee's child; or (3) within a year following the initial placement of a child sixteen (16) years of age or younger with the employee for the purpose of adoption. Statutory Parental Leave, by itself or in combination with Family Leave, may not exceed twelve (12) weeks in a twelve (12) month period beginning with the first day either type of leave is used. Leave taken under this Agreement will be credited against any such statutory entitlement to the full extent permitted by law. (e) "Serious Illness" means an accident, injury, illness, disease, or physical or mental condition that: poses imminent danger of death; requires inpatient care in a hospital, hospice, or residential medical facility; or requires continuing in-home care under the direction of a physician or health care provider. Related current definitions are summarized in (f) below. (f) "Continuing Treatment by a Health Care Provider" covers five (5) situations: (1) incapacity of more than three consecutive calendar days that involves either (i) treatment two (2) or more times by a health care provider (or under the direction or orders of a health care provider), or (ii) treatment by a health care provider on at least one (1) occasion resulting in a regimen of continuing treatment under the supervision of the health care provider; (2) any period of incapacity due to pregnancy, or for prenatal care; (3) any period of incapacity or treatment due to a chronic serious health condition requiring periodic visits for treatment, including episodic conditions such as asthma, diabetes, and epilepsy; (4) a period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective, although the individual is under the continuing supervision of a health care provider. (E.g. Alzheimer's, severe stroke, or the terminal stages of a disease); and (5) any period of absence to receive multiple treatments from a health care provider (or on orders or referral from a health care provider) for restorative surgery or for a condition that would likely result in an absence of more than three (3) consecutive calendar days without treatment (e.g., cancer (chemotherapy, radiation), severe arthritis (physical therapy), kidney disease (dialysis)). (The foregoing is the Federal Equal Employment Opportunity Commission's summary definition; refer to the Code of Federal Regulations for the full definition). (g) "In Patient Care" means at least an overnight stay at a medical care facility, and any related period of incapacity or subsequent treatment related to the in-patient care. (h) "Intermittent Leave" means leave taken in separate blocks of time due to a single qualifying reason. (i) "Reduced Schedule Leave" means a leave schedule that reduces an employee's usual number of working hours per work week or hours per work day. Such schedule is a change in the employee's schedule for a period of time normally from full-time to part-time. RIGHTS AND RESPONSIBILITIES Under the state and federal leave laws both the State and the employee have certain rights and responsibilities (a) State's Responsibilities and Eligible Employee's Rights: An eligible employee is entitled to a total of twelve (12) weeks of unpaid statutory Family Leave and/or statutory Parental Leave within a twelve (12) month period beginning the first day either Leave is used. An eligible employee is also entitled to Short-term Leave as further described below. During any such leave, the State will continue to pay the employee's benefits at the same level and rate as if the employee were not on leave. After the leave expires, the State will return the employee to the same position at the same level of compensation, benefits, seniority and other terms of employment as they existed on the day the leave began unless: (1) Prior to an employee requesting leave, the employee had given notice or received notice that employment would terminate; or (2) If the State can demonstrate by clear and convincing evidence that the employee's position would have terminated or the employee would have been laid off for reasons unrelated to the leave or the condition for which the leave was granted. (b) State's Rights and Eligible Employee Responsibilities: The employee must provide reasonable notice of intent to take a leave, the date of anticipated commencement and expected duration of the leave, or the State may deny the leave. The employee must provide reasonable advance notice to the State if the employee wishes to request an extension of the leave, to the extent available. It is the State's option whether to permit an employee to return to work in advance of the expiration of the leave granted. The State may require an employee to continue to make their regular contribution to the cost of benefits during the leave. Unless the employee is on leave due to his/her serious illness, the State has the right to require the refund of any compensation paid during the leave, except sick leave and annual leave, if the employee does not return to work. The calculation of the amount of Family Leave or Parental Leave time used by eligible employees who are employed less than full time or by eligible employees using intermittent leave or reduced schedule leave will be made on a prorated basis consistent with 29 C.F.R. ¶825.05 as it may be amended from time to time. PARENTAL LEAVE - ADOPTION, PREGNANCY AND CHILDBIRTH (a) A leave of absence without pay shall be granted upon request for up to four (4) months for employees (male or female) who have requested Parental Leave. Such Leave shall be unpaid, except as provided in Section (b) below. Upon request the appointing authority can extend the leave an additional two (2) months. During approved leave extensions beyond four (4) months, this Agreement's administrative leave provisions shall be applicable, including, but not limited to, the requirement that the employee shall pay one hundred percent (100%) of their insurance benefits. Notwithstanding the foregoing, if the approved leave extension results from the employee's illness, this Agreement's medical leave provisions shall be applicable, including the State's commitment to pay a portion of insurance benefits. (b) During the initial four (4) months of a leave, at the employee's option, the employee may use any accrued paid leave, including but not limited to sick leave, annual leave and personal leave. No combination of paid and unpaid leaves shall extend the Parental Leave beyond six (6) months. (c) Notwithstanding the above, an employee may use accrued sick leave for the period of disability resulting from pregnancy, miscarriage, abortion, or illness resulting therefrom. FAMILY LEAVE - LEAVE FOR SERIOUS ILLNESS (a) In the case of serious illness of an employee or of a member of an employee's immediate family, Family Leave shall be granted on request and receipt of medical certification of the serious illness and the amount of leave time needed. Such Family Leave shall be unpaid, except as provided in section (b) below. (b) During the Family Leave, at the employee's option the employee may use any accrued paid leave, including, but not limited to, sick leave, annual leave and personal leave. No combination of paid and unpaid leaves shall extend the statutory Family Leave beyond twelve (12) weeks. Notwithstanding the foregoing, even if statutory Family Leave is exhausted, this Agreement's sick leave, unpaid medical leave and administrative leave provisions are still applicable and may provide for additional leave consistent with these provisions. (c) Leave under this section is for providing care for serious illness and does not diminish the benefit available under the Sick Leave Article to use up to ten (10) sick days in other instances of family illness. INTERMITTENT LEAVE/REDUCED LEAVE SCHEDULE An employee who qualifies for Family Leave may take the leave as intermittent leave or on a reduced schedule but only if it is medically necessary. If an employee is taking Family Leave due to the serious illness of a family member, the employee may take intermittent leave or reduced schedule leave to provide care or psychological comfort to the family member. Employees must attempt to schedule the intermittent leave or reduced schedule leave so it does not disrupt the State's operations. The State may assign the employee to an alternative position within the same agency/department/work location for which the employee is qualified with equivalent pay and benefits to better accommodate the requested leave. If the State assigns the employee to an alternative position, once the need for the intermittent or reduced leave schedule is ended, the State will place the employee in a position which is the same or equivalent to the employee's position at the time the leave began. If the position is an equivalent position it will be within the same agency/department/work location as the employee's position at the time the leave began. When an employee is granted Parental Leave after the birth or placement of a child, the State, in its discretion, may grant the employee's request for intermittent leave or reduced schedule leave. However, if the mother has a serious illness in relation to the birth of a newborn then the provisions for intermittent leave/reduced schedule leave for Family Leave are applicable. If the newborn has a serious illness, then the provisions for intermittent leave/reduced schedule leave for Family Leave are applicable to either parent. Prior to the birth of a child, a pregnant employee can take intermittent leave for prenatal exams or for her own medical condition, (e.g., severe morning sickness.) SHORT-TERM FAMILY LEAVE (a) In addition to the Leaves provided above, an employee shall be entitled to take unpaid leave not to exceed four (4) hours in any thirty (30) day period and not to exceed twenty-four (24) hours in a 12-month period. This leave may be taken for any of the following purposes: (1) To participate in preschool or school activities directly related to the academic educational advancement of the employee's child, stepchild, foster child or ward who lives with the employee, such as a parent-teacher conference (2) To attend or to accompany the employee's child, stepchild, foster child or ward who lives with the employee or the employee's parent, spouse or parent-in-law to routine medical or dental appointments. (3) To accompany the employee's parent, spouse or parent-in-law to other appointments for professional services related to their care and well-being. (4) To respond to a medical emergency involving the employee's child, stepchild, foster child or ward who lives with the employee or the employee's parent, spouse or parent-in-law. (b) The State may require that the leave be taken in a minimum of two (2) hour segments. An employee shall make a reasonable attempt to schedule appointments for which leave may be taken under this section outside of regular work hours. In order to take leave under this section, an employee shall provide the employer with the earliest possible notice, but in no case later than seven (7) days before leave is to be taken except in the case of an emergency. In this subsection, "emergency" means circumstances where the required seven (7) days' notice could have a significant adverse impact on the family member of the employee.[2]

Article 61. Contract Printing

Text of Article 61:[1]

The State and VTA shall share responsibility for timely agreement on the final language of all contracts. The parties shall sign originals of the contracts, which shall control in the event of any dispute over the contents of the contracts. Each party shall be responsible for printing their own copies for their constituents.[2]

Article 62. Insufficient Appropriation

Text of Article 62:[1]

If any General Assembly appropriates insufficient funds to implement this or any successor Agreement, renegotiations will be held in May or June of the year in which insufficient funds items are appropriated on the items in this or any successor Agreement affected by that appropriation, in order to reach agreement on such items, based on the amount of funds actually appropriated by the General Assembly. If, despite the best efforts of both parties, negotiations on a new Agreement are not completed by the July 1 following expiration of its predecessor Agreement, the terms of that Agreement will remain in force until the new Agreement is ratified. The new Agreement, with negotiated changes, becomes effective July 1, following the original expiration date of its predecessor.[2]

Article 63. Relocation Pay

Text of Article 63:[1]

Non-disciplinary geographic relocations for the convenience of the Department which are lateral or promotional and not for filling vacancies in which an employee is exercising RIF rehire rights, or being filled primarily for the convenience of the employee, shall be eligible for up to three thousand dollars ($3,000) reimbursement of actual expenses, not to exceed forty thousand ($40,000) per fiscal year, in the aggregate, for the following: • Fees connected with the buying and/or selling of a house (points, legal fees, etc.); • Security deposits; • Newspaper advertisements regarding sale/rental arrangements; • Moving van rental and associated moving costs; • Any other expenses associated with the relocation that are mutually agreed to by the employee and the appointing authority. Any reimbursement under this article shall be in lieu of all other reimbursement provided or required. Any reimbursed expense which is subsequently refunded, or accrued to the employee's benefit, shall be repaid to the State by the employee.[2]

Article 64. Separability

Text of Article 64:[1]

If any provisions of this contract, or the application of any provision thereof to any person or circumstance, shall be held invalid by any court of competent jurisdiction, the remainder of this contract, or the application of that provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.[2]

Article 65. License/Certification

Text of Article 65:[1]

The State of Vermont shall reimburse employees for any professional license(s) and/or certification(s) that are required and necessary to perform the employee's job duties. The State may, at its sole discretion make these payments directly to the licensing and/or certification entity.[2]

See also

CBA Dashboard Native Ad 2.png

Footnotes