TABLE OF CONTENTS

ARTICLE I UNION RECOGNITION AND PURPOSE OF AGREEMENT   3
ARTICLE II UNION SECURITY   3
ARTICLE III DUES DEDUCTION   3
ARTICLE IV INFORMATION   4
ARTICLE V SENIORITY   4
ARTICLE VI NONDISCRIMINATION   4
ARTICLE VII HIRES AND PROBATION   5
ARTICLE VIII DISCHARGE AND DISCIPLINE  5
ARTICLE IX GRIEVANCE AND ARBITRATION PROCEEDINGS  6
ARTICLE X STEWARDS  7
ARTICLE XI PERSONNEL FILES  7
ARTICLE XII LAYOFF AND RECALL  7
ARTICLE XIII TRANSFERS AND REASSIGNMENTS  8
ARTICLE XIV PERSONAL LEAVE  8
ARTICLE XV OTHER LEAVE TIME  9
ARTICLE XVI HOLIDAYS  9
ARTICLE XVII OVERTIME, HOLIDAY PAY, WORKWEEK, AND OFFICE HOURS  10
ARTICLE XVIII JOB CLASSIFICATIONS AND SALARIES  10
ARTICLE XIX INSURANCE AND RETIREMENT   12
ARTICLE XX AUTOMOBILE ALLOWANCE  13
ARTICLE XXI TRAVEL, MEALS AND INCIDENTAL ALLOWANCE  13
ARTICLE XXII SAFETY STANDARDS  14
ARTICLE XXIII CONTINUING EDUCATION AND TRAINING   14
ARTICLE XXIV MANAGEMENT RIGHTS  14
ARTICLE XXV LEGAL INDEMNIFICATION   15
ARTICLE XXVII  DURATION OF AGREEMENT   16

ARTICLE I UNION RECOGNITION AND PURPOSE OF AGREEMENT

ASEA/AFSCME, Local 52 (hereinafter the "Employer") recognizes the Alaska State District Council of LABORERS', Local 341 (hereinafter the LABORERS'), as the sole and exclusive collective bargaining agent for the purpose of negotiating salaries and other conditions of employment for all employees of ASEA/AFSCME, Local 52 on the employee's thirty-first (31^st) day of employment. The Business Manager, Assistant Business Manager, (Political Action Coordinator Lobbyist), Attorney and contractual consultants are not covered by the terms of this Agreement.

The purpose of this Agreement between the Business Manager and the Alaska State District Council of LABORERS' Local 341 is to promote and insure the continuance of harmonious relations between the Employer and its employees, and to promote and insure true collective bargaining with respect to the employees of the Employer and to establish hours of work, rates of pay, and working conditions with respect to the employees of ASEA/AFSCME Local 52.

If any provision of this Agreement or any application of this Agreement to any employee shall be found contrary to law by a Court of competent jurisdiction, then such provision shall be applicable to the extent provided by law.   All other provisions or applications shall continue in full force and effect.  The Employer and the District Council of LABORERS', Local 341 shall meet to agree upon new language for altering any invalid sections in order to provide benefits, if legally possible, according to the intent of the parties.  This meeting shall take place within thirty (30) days of the knowledge of the judicial determination.

The parties recognize that the employees in the bargaining unit are hired by, and report to, the Business Manager and/or his or her designee.  The Business Manager is the ASEA/AFSCME Local 52 Executive Board's representative with respect to all employment matters and is the Employer for purposes of administering this Agreement.

ARTICLE II UNION SECURITY

2.1 All present employees covered by this Agreement shall as a condition of employment become and remain members of the LABORERS' in good standing no later than the day following completion of their thirtieth day (30th) of employment after ratification of this Agreement.  All future employees shall be required as a condition of employment to become and remain members of the LABORERS' no later than one day following their thirtieth (30^th) day of employment.

ARTICLE III DUES DEDUCTION

3.1 The Employer shall deduct from the salary of each employee, the LABORERS' member dues and other uniformly imposed assessments levied by the LABORERS' for any current month.  Authorization to deduct dues from each member must be supported by an original authorization card executed by the member and submitted to the Employer no later than the fifteenth day of the month in which dues are to be deducted. The Employer shall forward these deductions to LABORERS' no later than the fifteenth (15th) day of the month following the withholding of the dues.

Such dues and uniformly imposed assessments shall be deducted from the employee's earnings in accordance with LABORERS' schedule of rates by the Secretary/Treasurer of LABORERS'.  Such schedule may be amended by LABORERS' at any time.

ARTICLE IV INFORMATION

4.1 The Employer will furnish LABORERS' in writing the following information for each current employee covered by this Agreement:

With the monthly dues report, the Employer will furnish LABORERS' in writing with the above listed information for each employee covered by this Agreement hired during the month.

With the monthly dues report, the Employer will notify LABORERS' in writing of any changes in the above-listed information plus any terminations, resignations, retirements, leaves of absence and/or death of any employee.

ARTICLE V SENIORITY

Except as provided in 5.2 of this section, seniority means an employee's length of continuous service with the Employer since his/her last date of hire.

Upon successful completion of probation, seniority means the employee's length of continuous service since date of hire with the Employer.

The Employer will furnish LABORERS' annually with a seniority list showing the continuous service of each employee.

An employee's continuous service record shall be broken only by voluntary resignation, discharge for just cause, retirement, or lay off, provided that, upon recall or rehire of a laid off employee, that employee's length of continuous service shall include all time up to the date of layoff and shall exclude time in layoff.  Authorized leaves of absence shall not constitute a break in continuous service for seniority purposes.

ARTICLE VI NONDISCRIMINATION

6.1 In the administration of the Agreement and in ASEA/AFSCME Local 52's relationship with the members of LABORERS' individually and collectively, there shall be no discrimination because of sex, race, color, creed, religion, age, disability, marital status, change of marital status, sexual orientation, ancestry, parental status, national origin, or LABORERS' activity.

ARTICLE VII HIRES AND PROBATION

Whenever job vacancies occur, the Business Manager will post notice of all such vacancies at each ASEA/AFSCME Local 52 office. Such posting will be done at least ten (10) working days prior to filling such vacancies. The Business Manager will provide a brief description of the duties of the position, the starting salary, and the minimum requirements or qualifications for the position. Employees who wish to be considered for such vacancy must notify the Business Manager or his/her designee in writing prior to the expiration of the ten (10) working day posting period.

The probationary period for new employees in the Information Officer, and Business Agent, classes shall be twelve (12) months from date of hire. The Business Agent Assistant shall have a nine (9) month probationary period, and the probationary period for all other employees covered by this agreement shall be six (6) months from date of hire. Upon promotion to a different job class a new probationary period of six (6) months shall be served.

In instances where an employee is laid off during the probationary period, upon recall, all time worked shall be credited towards completion of the probationary period.

An Employee will have successfully completed probation unless notified in writing to the contrary before the start of the tenth day prior to the end of the probationary period.  The Employer will give in writing reasons the employee failed to successfully complete probation.

If during the probationary period, the Business Manager determines a promoted employee is not performing satisfactorily the duties of the position to which he/she is promoted, the employee shall be returned to the former position the employee held.

The probationary period shall be regarded as a part of the examination process, which shall be utilized for closely observing the employee's work and adjustment to the position.  The Employer's decision to terminate a new hire during their initial probationary period is subject to the provisions contained in Article VIII of this Agreement.

ARTICLE VIII DISCHARGE AND DISCIPLINE

8.1 Discipline and discharge shall be for just cause and with due process. The Employer subscribes to the principles of progressive discipline. 

In cases of discipline, suspension, or demotion, the Employer shall notify the bargaining unit member and the LABORERS' of the reasons for the action concurrent with commencement of the action.

Disciplinary documents will be considered inoperative, and removed from all personnel files, twenty-four (24) months after they are filed unless there are other occurrences of a similar nature within that period.

The employee may opt to have a steward or LABORERS' representative present during any and all disciplinary proceedings.

Except in cases of egregious conduct including but not limited to gross disobedience, dishonesty, theft, chemical or alcohol intoxication, physical misconduct, abusive or lewd behavior, or abandonment of duties. All permanent employees who are terminated from employment shall be given two (2) weeks notice or two (2) weeks salary in lieu of notice.     

Notwithstanding the Provisions in Section 8.1, if an employee is guilty of egregious conduct they may be subject to immediate discipline or discharge.

ARTICLE IX GRIEVANCE AND ARBITRATION PROCEEDINGS

A grievance shall be any controversy or dispute relating to any matter of wages, hours, and working conditions or involving interpretation or application of any provision of this Agreement.  Grievances shall be processed in the following manner.

Expenses for the arbitrator shall be apportioned by the arbitrator using the arbitrator's decision as a guide.  The losing party shall be expected to pay a higher percentage of such costs.  Each party shall be responsible for compensating its own counsel, if desired.

The decision of the arbitrator shall be final and binding on the parties.

The arbitrator shall have no authority to rule contrary to, amend, add to, subtract from or eliminate any of the terms of this Agreement.  Questions of arbitrability shall be decided by an arbitrator.

ARTICLE X STEWARDS

10.1 LABORERS' Stewards and grieving employees shall be allowed a reasonable period of time during working hours to investigate and process grievances and to attend arbitrations.  LABORERS' shall provide the Business Manager with the name(s) of the Steward in each office of ASEA/AFSCME Local 52 and the name(s) of other LABORERS' representatives who are authorized to process grievances beyond step 1 of the grievance procedure.

ARTICLE XI PERSONNEL FILES

An employee shall have the right, upon written request to the employer, to review and to obtain copies of the contents of any file containing bargaining unit personnel/payroll information concerning the employee.  A representative of LABORERS' may, at the employee's written request, review and obtain copies of the employee's file.

An employee shall receive a copy of any material commending or reproving an employee that is placed in the employee's personnel file.  The employee shall have the right to file an answer to any information placed in the employee personnel file.   Said answer shall be attached to the file copy of the document in question.  An employee who alleges that information in his/her personnel file is false, erroneous, or to his/her detriment shall have the right to file a grievance for the purpose of having such information corrected or expunged.

No secret personnel files shall be kept.

Personnel matters shall be confidential.

ARTICLE XII LAYOFF AND RECALL

Should ASEA/AFSCME, Local 52 have to reduce the number of employees within a field office or headquarters, temporary employees shall be laid off first.  Should further layoffs be necessary, the least senior employee in the affected job classification series in the Northern, South Central, or South Eastern region shall be laid off first.  Should a reduction in the workforce become necessary, the Employer will negotiate severance incentives at that time.

Employees laid off shall be maintained on a recall list for two (2) years from the layoff date.  Whenever job openings occur, such employees will be recalled to their former position, or any substantially equivalent position, on the basis of seniority.  The Employer shall send notice by certified mail to the employee's last known address.  Employees shall be notified they have ten (10) working days to respond to that notice from their date of receipt.  Employees failing to respond within ten (10) working days to a notice of recall position in their geographic area shall no longer be maintained on a recall list.  Employees refusing or failing to respond to accept a position outside the geographic area of layoff shall continue on the recall list.

Employees to be laid off will be given at least ten (10) working days notice of layoff with a copy to LABORERS'.

ARTICLE XIII TRANSFERS AND REASSIGNMENTS

Qualifications, experience, and the requirements of the assignment and position shall be used as the criteria in all cases of transfer.  All things being substantially equal, seniority shall prevail.  Employees shall not be subject to involuntary transfer to a position outside their geographic area.

13.2 Whenever a transfer or reassignment is initiated by the Business Manager, the Employer shall pay reasonable moving and transportation expenses.

ARTICLE XIV PERSONAL LEAVE

14.1 Personal leave will be accrued to each employee who has attained seniority as follows:

Personal leave shall be used on an hour for hour basis with eight (8) hours equal to one day.

Personal leave balances will appear with the employee's paycheck once per month indicating the balance as of the first of the month, including accrual.

When an employee terminates employment with ASEA/AFSCME Local 52 the employee will be paid the cash equivalent of their balance of personal leave.

Employees shall use at least eighty (80) hours of personal leave between July 1st and June 30th of the subsequent year.  The Employer shall notify the employees of their required leave usage in writing on a monthly basis. Any employee who does not use the minimum leave shall have the unused portion deducted from their leave balance account as of June 30th. In the event the Employer does not allow an employee to use at least eighty (80) hours in the leave year, the leave shall be carried forward.

An employee's request for personal leave will not be unreasonably denied.

Annually, between July 1^st and June 30^th of each fiscal year each employee may be allowed to cash out ten (10) days of personal leave, as long as the employees leave balance does not fall below eighty (80) hours.  Additional hours may be cashed out upon written approval of the Business Manager on a case-by-case basis.  Any cash out will not be considered as a substitute for Section 14.5 above.

ARTICLE XV OTHER LEAVE TIME

Upon request, leave without loss of pay shall be granted to an employee who is required to be present for jury duty or subpoenaed as a witness to a legal proceeding.

Employees shall be allowed up to eighty (80) hours of personal leave in the event of the serious illness or death of the employee's spouse, domestic partner, child, stepchild, mother, father, mother-in-law, father-in-law, sister-in-law, brother-in-law, brother or sister, grandparent or grandchild.

Employees will be granted leaves of absence without pay for reasonable periods of time upon approval of the Business Manager.

The Employer agrees to transfer up to eighty (80) hours of leave that has been voluntarily donated from one bargaining unit member to another only if the co-worker has exhausted his or her personal leave and would otherwise qualify for Family Medical Leave under the Federal law with a larger employer. Notwithstanding the provisions of the Federal Family and Medical Leave Act, the Employer agrees to apply the provisions of the Federal FMLA to all employees in the bargaining unit.

Other donated personal leave may be approved by the Business Manager.

ARTICLE XVI HOLIDAYS

All employees shall be entitled to, and compensated for, all holidays as listed below:

Every day designated by public proclamation by the Governor of Alaska or by the President of the United States as a legal holiday (only as it applies to the General Government Employees).

A designated holiday will normally be observed on the calendar day on which it falls. Holidays falling on Saturday or Sunday will observe the preceding Friday when the holiday falls on Saturday, and will observe the following Monday when the holiday falls on Sunday.  Employees shall not be required to work on holidays or the day of observance. When a holiday falls on an employee's scheduled day off, other than Saturday or Sunday, the day of observance shall be rescheduled to another day within the pay period.

ARTICLE XVII OVERTIME, HOLIDAY PAY, WORKWEEK, AND OFFICE HOURS

Employees who are eligible for overtime shall be paid at the rate of one and one half (1.5) times the appropriate rate of pay for time worked in excess of eight (8) hours during a regular work day and for time worked on a regular day off, unless the employee is working an alternate workweek as defined in Section 17.6 of this agreement.

Employees who are eligible for overtime shall be paid at the rate of one and one half (1.5) times the appropriate rate of pay for time worked on a holiday.  Such Holiday Pay shall be in addition to regular rate of pay for the holiday.

17.3 The parties agree that all Bargaining Unit Members are Overtime eligible.  All Overtime must be pre-approved by the Employer, whenever practical.

17.4 The workweek shall begin at 12:00 Midnight on Sunday and shall end at 12:00 Midnight the following Sunday.  The parties agree that all employees shall work a "Flexible Schedule" as noted in 8 AAC 15.100 (d) (3); and 8 AAC 15.102 (a).  If the employee has an early morning meeting, or other work related activity, and/or if the employee knows that they have a late meeting they shall make every effort to adjust their workweek so that it does not exceed forty (40) hours.  Similarly, if the employee has work to perform on Saturday or Sunday they shall adjust their workweek so that it does not exceed forty (40) hours.  If a flexible schedule can not be arranged a request for overtime must be approved in advance by the Business Manager.

17.5 Office hours shall be 8:00 a.m. and 5:00 p.m.

17.6 The Business Manager will enter into alternate agreements with individual Employees on a case-by-case basis.  The workweek agreements will be done in consultation with the individual Employee and require approval of the Business Manager.  The schedules will be determined to insure that there is adequate staffing in each office for each day of the standard workweek.

ARTICLE XVIII JOB CLASSIFICATIONS AND SALARIES

The Salary Schedule shall reflect an adjustment of 3.75% between each step effective 07/01/2003.  All future merit increases will be adjusted by 3.75% in accordance with the new Salary Schedule.

Effective July 1, 2004, Longevity Steps 9 through 12 will be added to the Salary Schedule.  Step 9 requires a minimum of two (2) years in Step 8.  (Those currently in Step 8 will move to Step 9 on 07/01/2004 if they have met the 2-year requirement in Step 8.  Others in Step 8 will move to Step 9 on the date they meet the 2-year requirement.  Step 10 requires 2-years in Step 9.  Step 11 requires 3-years in Step 10.  Step 12 requires 3-years in Step 11.  The Longevity Steps in the Salary Schedule effective 07/01/2004, reflects 3.75% increments between steps.

The following job classifications are agreed to exist in the bargaining unit along with the salaries for each job classification:

18.1 Wage Schedule – July 1, 2003 through July 1, 2004

Probationary bargaining unit members shall receive a seniority step after successful completion of probation.

The Business Manager agrees to give written notice of any new, revised or proposed classifications and starting salary and negotiate the salary of these and other job classifications that may arise during the term of this agreement.

Employees shall be paid, by direct deposit, on the fifteenth (15th.) and the last day of the month. If either payday shall fall on a holiday, Saturday or Sunday, the last preceding workday shall be a payday.

18.5 In the event an employee does not receive their pay by pay day, the Employer shall pay the employee a penalty of forty dollars ($40.00) per day, for each day after payday, until the employee receives their check.  The employee's right to receive penalty pay is waived by each day the correct time sheet is late.

Nothing in this Article is intended to prevent the Business Manager from placing a new hire at an advanced salary step in Section 18.1 in order to compensate him or her for education or experience earned prior to employment.

A Cost of Living adjustment will be made to the above Salary Schedule each of the last two (2) years of the Agreement.  Effective July 1^st, 2004 and July 1^st, 2005 there shall be an increase in the Salary Schedule of 1% or the increase contained in the GGU Contract for that year, whichever is greater.

Those bargaining unit members who are eligible for annual seniority steps on the wage schedule in Section 18.1 shall receive them on their seniority anniversary date each fiscal year.

ARTICLE XIX INSURANCE AND RETIREMENT

The Employer will, upon submission of premium costs by the LABORERS', will contribute the amount required, but not to exceed a maximum of $725 per month per member from July 1, 2003 to June 30, 2004, $825, per month per member from July 1, 2004 to June 30, 2005, $925 per month per member from July 1, 2005 to June 30, 2006 to provide the Employee and the Employee's spouse and qualified dependents with health insurance through LABORERS'.  Upon submission of the premium cost for Year 1 of the agreement, the difference between the maximum contribution ($725) per month per member and the amount actually paid out per month per member shall be pooled and used to pay a one time signing bonus divided equally among all Employees in the Bargaining Unit.

The Employer at no cost to the employee, shall provide the employee with life insurance in the principal amount of two and one half (2.5) times the employees' annual salary.

All bargaining unit members shall be enrolled in the defined benefit retirement plan of LABORERS' Local 341.  If an Employee has been employed thirty-six months or less the pension contribution will be raised from$1.25 per hour to $1.45 per hour, effective July 1, 2003. The following are Employer contribution rates effective 07/01/2003:

All Employees will receive and increased pension contribution of an additional $.20 per hour effective July 1, 2004.      The following are Employer contribution rates effective 07/01/2004:

ARTICLE XX AUTOMOBILE ALLOWANCE

At no cost to the employee, the Employer shall provide each employee with a parking space. Parking spaces for the Fairbanks office shall include access to energized electrical outlets.

The Employer shall pay employees who are on authorized union business the maximum mileage allowance allowed by the Internal Revenue Service for each mile driven for ASEA/AFSCME, Local 52 business, excluding commuting to work.

All employees who are required to use their car to do the business of the Employer and have to drive in excess of forty (40) miles in a month shall, upon request, be paid an additional automobile allowance of twenty-five dollars ($ 25.00) for that month.  The Employer will pay the difference between the costs of collision insurance for personal purposes and for work purposes for those Employees required to use their automobiles for work purposes.

ARTICLE XXI TRAVEL, MEALS AND INCIDENTAL ALLOWANCE

21.1 The Employer shall arrange and prepay airfare and hotel accommodations when possible. All bargaining unit members shall be paid a meal and incidental allowance of  $42.00 for each day of approved overnight travel.  Same day travel meals will be reimbursed according to actual receipted expenses up to $42.00 per day.  ($9.00 for breakfast, $11.00 for lunch, and $22.00 for dinner)  All other necessary receipted expenses will be reimbursed in full by the employer.  Employees shall be reimbursed for all other allowable incidental expenses, including ground transportation, within fifteen (15) days after ASEA/AFSCME Local 52's receipt of employee's receipts and a written request for reimbursement.  If the employees approved reimbursement is not received within fifteen (15) days of receipt of request, the employee shall receive penalty pay as specified in 18.6.

ARTICLE XXII SAFETY STANDARDS

Nothing in this Agreement is intended to, nor shall it, be used to violate any federal law or state law or safety standard or other requirement of law, nor is it intended to allow public or personal damage to continue to the detriment of either ASEA/AFSCME Local 52 or it's employees.

When, in the opinion of the employee, a hazardous condition exists, the employee may refuse to enter a work site or discontinue working where a hazard has been identified.

ARTICLE XXIII CONTINUING EDUCATION AND TRAINING

The Employer will reimburse tuition costs and standard fees (including books) upon satisfactory completion of pre-approved, work related, courses taken during non-working hours at a college accredited educational institution.

The Employer will utilize the resources of American Federation of State County and Municipal Employees (AFSCME) and shall regularly schedule training courses offered by AFSCME.

The employer shall contribute thirty-five cents ($.35) per hour to LABORERS' Local 341's Training Trust for each employee in the bargaining unit.  LABORERS' Local 341 agrees that all bargaining unit members shall receive equal consideration for training from the Trust.

ARTICLE XXIV MANAGEMENT RIGHTS

It is recognized that the Employer retains the right, except as otherwise provided in this Agreement, to manage the affairs of ASEA/AFSCME Local 52 and to direct it's work force. Such functions include but are not limited to:

24.1.1 Recruit, examine, select, promote, transfer, and train employees and to determine the times and methods of such actions;

24.1.2 Assign and direct the work, develop and modify class specifications, designate duty stations and assign employees to original duty stations;

24.1.3 Reduce the work force due to lack of work, funding, or other cause consistent with efficient management;

24.1.4 Discipline, suspend, demote, or dismiss employees for just cause; and

Establish reasonable work rules and assign the hours of work.

ARTICLE XXV LEGAL INDEMNIFICATION

Upon written request by the employee, the Employer shall provide for the legal defense of an employee in any civil action brought against the employee as a result of the employee's performance as required by the Business Manager.

An employee charged in any civil action in the performance of the employee's duties as required by the Employer shall not lose his/her position, pay, or benefits.  Costs stemming from a civil suit against an employee in the performance of his/her duties, as required by the Business Manager shall be borne by the Employer including any judgment rendered against the employee.  However, the Employer reserves the right to take appropriate disciplinary action if wrongdoing is discovered during the course of a civil action against an employee and the Employer has just cause to do so.

ARTICLE XXVI  ALASKA LABORERS' POLITICAL EDUCATION COMMITTE FUND

26.1 Upon proper written authorization from the Employee, the Employer agrees to deduct a minimum of five dollars per pay period from the wages of those Employees who voluntarily authorize such deduction to the appropriate Union's ALPEC committee.

ARTICLE XXVII  DURATION OF AGREEMENT

27.1 Agreement in whole shall become effective July 1, 2003.

27.2 Agreement shall continue in effect until 12:00 midnight June 30, 2006.

27.3 Employer and Laborers' agree to meet at reasonable times for discussion of this Agreement; it's interpretations, or modifications.  The Employer and Laborers' agree to designate representatives having authority to negotiate for their respective interests.

Agreed to by the Parties this _____ Day of______ 2003.

For ASEA/AFSCME Local 52

For LABORERS' Local 341