Bargaining Agreement

Between the

State of Alaska

and the

Alaska Public Employees Association

representing the

Supervisory Unit

July 1, 20072010- June 30, 20102013

ARTICLE 1 - Definition of Terms

1.1 Tense, Number and Gendertc "1.1 - Tense, Number and Gender" \f C \l 2. 

As used in this Agreement:

A.         Words in the present tense include the past and future tenses, and words in the future tense include the present tense.

B.         Words in the singular number include the plural, and words in the plural number include the singular.

C.        Words of any gender include the masculine, feminine and the neuter, and when the tense so indicates, words of the neuter gender may refer to any gender.

1.2 Definitions.

A.         “APEA/AFT Officials” are: President, Board of Directors, Delegates, Chapter Officers, Employee Representatives, any employee serving on APEA/AFT committees and APEA/AFT staff.

B.         “Bargaining unit” means the Supervisory bargaining unit.

C.        “Class Specification” is a written statement of duties and responsibilities that are characteristics of a class of positions and includes the education, experience, knowledge and ability required to perform the work of the class of positions.  Examples of these duties will be specifically enumerated.

D.        “Dependent” with respect to the health insurance is limited to:

      1.   The employee’s wife or husband, as the case may be; and

      2.   The employee’s unmarried children under nineteen (19) years of age and residing in the United States of America (including Puerto Rico) or Canada unless qualified as a full time student under the terms of the State Health Care Plan.

      3.   However, a dependent child who attains their twenty third (23^rd) birthday will continue to be included within the term “dependent” with respect to medical benefits if proof is furnished to the insurance carrier within thirty (30) days after the birthday that on the birthday the child is incapable of self sustaining employment by reason of mental retardation or physical handicap and that the child became so incapable prior to attainment of age twenty three (23) and that the child is chiefly dependent upon the employee for support and maintenance. The coverage as to such a child will be continued while the incapacity continues and while the employee’s coverage with respect to dependents remains in force, provided the child meets all the requirements of the definition of “dependent” except age. The insurance carrier has the right to require proof of the continuance of the incapacity of the child from time to time while this Agreement remains in force.

E.         “Disciplinary Grievance” means a procedure of review provided for in Article 10 whereby a permanent employee can seek review of a dismissal, demotion or single suspension in excess of thirty (30) calendar days.

F.         “Employee Representative” means any Bargaining Unit Member designated as such by APEA/AFT.

G.        “Employee” means a person in the State service who is paid a salary or wage and holds probationary, permanent or provisional status working in a position that has been designated by the Alaska Labor Relations Agency as a Supervisory Unit position.

H.        “Immediate Family” means the employee's spouse, children, stepchildren, mother, father, grandmother, grandfather, mother-in-law, father-in-law, sister or brother.

I.          “Just Cause” means, but is not limited to, incompetence, unsatisfactory performance of duties, unexcused absenteeism, intoxication, substance abuse, dishonesty and gross disobedience.

J.         “Nonpermanent”

      1.   “Short-term nonpermanent" means a person in the State service who is paid a salary or wage and holds nonpermanent status working in a position for ninety (90) calendar days or less that has been designated by the Alaska Labor Relations Agency as a Supervisory Unit position.

      2.   “Long-term nonpermanent” means a person in the State service who is paid a salary or wage and holds nonpermanent status working in a position for ninety-one (91) calendar days to one (1) one year that has been designated by the Alaska Labor Relations Agency as a Supervisory Unit position.

K.   “Personal Effects” will include all personal property and possessions.

L.         “Personnel File” means all those documents, reports, written or otherwise recorded evaluations of a person's performance while performing duties on behalf of the Employer, and any other material pertaining to that person that is kept in that file.

M.        “Personnel Rules.”  For the purpose of this Agreement, Aall references to Personnel Rules will mean those Personnel Rules in effect on the date of the relevant action or event, with regard to those references for purposes of this Agreement.

N.        “Provisional Employees” are those appointed under the regulations established in 2 AAC 07.195, “Provisional Appointment.”

O.        “Reclassification/Reallocation” means the reassignment of a position either filled or vacant from one class to another class.

P.         “Subfill.” A subfilled position is one for which, in the absence of a complete certification at the classified level, a certification at a lower classification is utilized to fill the position.

Q.        “Travel Status.”  Bargaining Unit Members will be considered in travel status from the time an authorized trip begins until it ends.  For purposes of interpretation, travel status will begin and end when the Bargaining Unit Member leaves and returns to their immediate work station if travel begins and ends during assigned working hours, or when the Bargaining Unit Member leaves and returns to their home if travel begins and ends outside assigned working hours.

ARTICLE 2 - Recognition

2.1 General Recognition  XE "recognition"

The State of Alaska, hereinafter referred to as the Employer, recognizes the Alaska Public Employees Association, hereinafter referred to as APEA/AFT, as the exclusive representative of all permanent, probationary, provisional and nonpermanent employees in the Supervisory Unit for collective bargaining with respect to salaries, wages, hours and other terms and conditions of employment.  It is recognized that all new positions and classifications created by the Employer will be placed in the appropriate bargaining unit, consistent with prior Alaska Labor Relations Agency rulings.  APEA/AFT will be notified of all new classifications created within ten (10) days of such action and such notification will include the specifications of the job classifications.  Both parties recognize that the Alaska Labor Relations Agency will retain its authority to make final determinations of unit classification assignments.  No filled positions will be changed to a bargaining unit outside this bargaining unit without written notification to APEA/AFT of such action concurrent with the notification to the department.  If APEA/AFT does not notify the Employer within fifteen (15) working days from date of notification of its intent to challenge, the Employer will be free to take the proposed action.  The Employer may change a vacant position to a bargaining unit outside this bargaining unit, and APEA/AFT will be notified concurrently with such action.  No filled position will be changed to Exempt or Partially-Exempt status without at least thirty (30) calendar days notice to APEA/AFT.  No filled position will be changed to Partially-Exempt until approved by the Personnel Board.  Changes to Exempt or Partially-Exempt status will not become effective until expiration of the thirty (30) day notice period.  The Employer may change a vacant position to Partially-Exempt or Exempt status and APEA/AFT will be notified concurrently with such action.

In instances where a filled position is reclassified to a classification that has historically resided in another bargaining unit, the State may move that position to the other unit, and the APEA/AFT will be notified of the change concurrent with the action and is entitled to appeal the bargaining unit placement to the Alaska Labor Relations Agency.

2.2 Representation of Nonpermanents

It is recognized that the need exists to hire nonpermanent employees in positions similar in duties and requirements to permanent positions in the bargaining unit; therefore, notwithstanding AS 39.25.195 the following provisions will apply:

A.         An individual hired as a nonpermanent covered by this Agreement must perform the work of the assigned class and may not be paid less than the entry salary step of the range assigned to the class in which the nonpermanent is to work. 

B.         Assignments of ninety (90) calendar days or less in any twelve (12) month period may be filled through the use of short-term nonpermanent appointments (casuals).  The Employer may make such appointments without use of any eligible lists.  Any individual hired as a short-term nonpermanent must be terminated following the ninetieth (90th) day of employment.  The Employer and APEA/AFT agree that all determinations concerning the terms and conditions of casual employment will be made independently by the Employer, except as provided for in this Article or as specifically provided for in subsequent Articles. 

C.        Assignments described as Substitute, Normal, Program, and Project Nonpermanents in Division of Personnel Standard Operating Procedure (SOP) No. 02-86-1-2 that are for periods of less than twelve (12) months duration may be filled through the use of long-term nonpermanent appointments.  Any individual hired pursuant to this provision will meet the minimum qualifications as required of individuals seeking permanent employment in the class into which they are to be hired.  The Employer agrees to hire individuals for these assignments from Eligible Lists.  In the event that an employee is worked for longer than twelve (12) months, except as provided in paragraph F. of this Section, the Employer will review the reasonableness of establishing a permanent position.  If a permanent position is established under this Section, the long-term nonpermanent employee will become the incumbent of the permanent position.  All long-term nonpermanent employees will be entitled to personal leave accrual, health insurance and legal trust coverage, holidays, those employment application rights afforded to permanent employees and all complaint procedure rights set forth in Article 10.1.

D.        Time spent in nonpermanent status will be credited toward probationary status as follows:

            If the nonpermanent employee is converted to probationary status in the same classification performing similar duties with no break in employment, the employee will be credited with one (1) month toward the probationary period for every consecutive month of nonpermanent employment to a maximum of one-half (1/2) the required probationary period in the job class. 

E.         Extensions to the time limits established in C. and D. above may be accomplished with the written concurrence of APEA. 

F.         It will not be a violation of this Agreement to employ JTPA or similar nonpermanent employees and such nonpermanent employees will be members of the bargaining unit. The Employer agrees to abide by the Federal regulations governing such employment programs.

            Any dispute arising between the parties, under this paragraph concerning compliance with Federal regulations, will not be subject to Article 10 of this Agreement but may be referred by either party, after discussion, to the Federal agency responsible for such program for resolution.

Neither party waives its right to seek resolution of the matter, when appropriate, in court after exhaustion of the administrative remedies as authorized in this paragraph.

ARTICLE 3 - Statement of Policy and Purpose

It is the policy of the Employer and APEA/AFT to continue harmonious and cooperative relationships between State employees and the Employer and to insure orderly and uninterrupted operations of government.  This policy is effectuated by the provisions of the Public Employment Relations Act, AS 23.40, granting public employees the rights of organization and collective bargaining concerning the determination of terms and conditions of their employment.  The Employer and APEA/AFT now desire to enter into an Agreement reached through collective bargaining that will have for its purpose, among others, the following:  

A.         To recognize the legitimate interests of the employees of the State of Alaska to participate through collective bargaining in the determination of the terms and conditions of their employment. 

B.         To promote fair and reasonable working conditions.  

C.        To promote individual efficiency and service to the citizens of the State. 

D.        To avoid interruption or interference with the efficient operation of State government. 

E.         To provide a basis for the adjustment of matters of mutual interest by means of amicable discussion. 

Alleged violations of this Article shall be addressed through the complaint-resolution process of Article 10.1.                        

ARTICLE 4 - Merit Principles

4.1 Intent.

The parties agree that it is their mutual intent to strengthen the merit principles in the bargaining unit and, pursuant to AS 23.40.070(3), will use all due diligence to maintain merit principles among public employees, to the end that public employees be selected, appointed and promoted from among the most qualified, not on the basis of personal connections, political party, race, religion, sex or age. 

4.2 Performance Incentives XE "incentives:performance" \t "" .

Performance incentives will be based upon the appointing authority's evaluation of an employee's performance.  A performance incentive of one (1) step in the salary range may be given to an employee who has received an overall performance evaluation of "Acceptable" or better on the employee's merit anniversary date.  The first sixteenth (16th) day of the month pay period following the satisfactory completion of the probationary period will constitute an employee's merit anniversary date, unless the employee enters the pay range above the minimum rate of pay, in which case the merit anniversary date will be the sixteenth (16th) of the month first day of the pay period following completion of one (1) year of service in the position. 

Steps (b), (c), (d), (e) and (f) of the salary range will be used for performance incentives where an employee has demonstrated satisfactory service of a progressively greater value to the State. Unless the Employer takes an affirmative action to deny a merit or increase service step through a performance evaluation, the employee will be considered to have “good or better service” and eligible for a step increase on their merit anniversary date.

The merit anniversary date does not change when a performance incentive is not granted.  If the employee's standard of performance reaches acceptable levels later in the merit year, the step increase may be granted effective the sixteenth (16th) of any month first day of the pay period following the acceptable level and no change in the merit anniversary date will result. 

When an employee's level of work performance becomes less than "Acceptable," an interim performance evaluation may be prepared.  When such an evaluation is prepared, and the level of performance does not reach "Acceptable" within the subsequent thirty (30) calendar day period, one (1) salary step may be withdrawn on the sixteenth (16th) day of the month first day of the pay period following completion of the thirty (30) calendar day period, provided the employee's salary is other than the entry step of the salary range.  No more than one (1) salary step may be withdrawn in a twelve (12) month period.  Before a personnel action withdrawing a salary step is prepared, the employee will be notified in writing that the performance has not improved.  If the employee's level of performance subsequently reaches "Acceptable," the salary step may be restored effective the sixteenth (16th) of the month first day of the pay period following preparation of a performance evaluation report confirming the improved level of performance.  Employees on service steps that were awarded under the provisions of AS 39.27.022 are not subject to the provisions of this rule. 

The Employer will not establish a quota or percentage system to determine the number of performance increases granted, but the parties agree to accept the standards provided in the September 27, 1979, memorandum on merit increases (incorporated as Appendix A) and all subsequent written decisions issued by the Performance Incentive Committee for determining the granting or not granting of performance increases.  The Employer may update or revise the Appendix A memorandum from time to time to implement this Article.  If the State chooses to update or revise the Appendix A memorandum it will provide the Association with the change(s) it intends to make and allow the Association a reasonable time to provide its input on the change(s) before a new memorandum is issued.

4.3 Appeal Procedures.  XE "incentives"  XE "incentives:appeal"  XE "incentives:evaluations"

In disputes concerning instances where an employee has not been awarded a performance incentive, the following will be the sole and exclusive method for resolution. 

Level One: Within fifteen (15) working days of receipt of the evaluation that fails to grant a performance incentive, the employee must appeal said action to the Commissioner of the employing department in memorandum form setting forth the reasons the employee disagrees with the State's action or inaction.  Within fifteen (15) working days of receipt of the appeal, the Commissioner will respond in writing, setting forth the rationale for the decision.  A copy of the response will be provided to APEA/AFT concurrent with the response to the employee.

Level Two: In the event the dispute is not resolved at Level One, the employee may appeal said decision to a neutral third party.  The appeal must be submitted through APEA/AFT to the Commissioner, Department of Administration, with a copy of the Level One documents within fifteen (15) working days from the date the Commissioner's decision under Level One was due or received, whichever is earlier.

A.         Within two weeks of receipt, the Commissioner will submit to the neutral third party the performance evaluation report including any rebuttals thereto, the employee's appeal at Level One, the decision and rationale at Level One, pertinent prior performance records, the employee's job description and the class specification.   The neutral third party will be selected as described under 4.4 below.

B.         The neutral third party will render a decision within thirty (30) calendar days of receipt of the appeal that will include a rationale for the decision and that will be based upon the information presented.

4.4 Third Party Neutral Selection.

The third party neutral will be selected by alternately striking names from the list of arbitrators provided for in Article 10.6.B.1, until one (1) name remains and that arbitrator will be appointed. Costs associated with the third (3rd) jointly selected member will be borne equally by the parties. 

4.5 Performance Evaluation Investigations.

A Bargaining Unit Member who is dissatisfied with a written performance evaluation that rates them as lower than mid-acceptable or lower and does not involve the denial of a performance incentive may obtain review of that evaluation through the following procedure, which will be the sole and exclusive remedy for such disputes.

A.         Within thirty (30) days after receipt of a copy of the finalized evaluation, the Bargaining Unit Member must submit through the Union a written request to the Director of the Division of Personnel, Department of Administration, asking that the Director investigate allegations that the evaluation includes factual inaccuracies, or that in the preparation of the evaluation management has been arbitrary or capricious, or has been motivated by discrimination or bias.

B.         The written request must state specifically the allegations to be investigated and, to the degree that information in support of those allegations is known, identify the facts surrounding the controversy.  The list of allegations to be investigated will not be expanded after the initial submission to the Employer except by written mutual agreement of the parties.

C.        Upon receipt of a written request, the Director will direct that an investigation into the allegations be made.  The person assigned to conduct the investigation will not be anyone in the Department of the member.  The assigned investigator will have sixty (60) days to investigate the allegations and to make written recommendations to the Director regarding revision of the evaluation with a copy to the Union.  The investigation will include interviews with the member, the rater, other appropriate parties and a review of all appropriate documents.

D.        The Director will issue a final decision within fourteen calendar (14) days after the close of the investigation revising those contested facts found to be inaccurate.  Other contested portions of the evaluation will be revised upon a finding by the Director that in the preparation of the evaluation management has been arbitrary or capricious, or was motivated by discrimination or bias.

E.         Time limits may be extended by mutual agreement.

ARTICLE 5 - Management Rights

It is recognized that the Employer retains the right, except as otherwise provided in this Agreement, to manage the affairs of the State and to direct its work force.  Such functions of the Employer include, but are not limited to: 

A.         recruit, examine, select, promote, transfer and train employees of its choosing, and to determine the times and methods of such actions; 

B.         assign and direct the work; develop and modify class specifications as well as assignment of the salary range for each classification, allocate positions to those classifications; determine the methods, materials and tools to accomplish the work; designate duty stations and assign employees to those duty stations;

C.        reduce the work force due to lack of work, funding or other cause consistent with efficient management; discipline, suspend, demote or dismiss permanent employees for just cause;

D.        establish reasonable work rules; assign the hours of work and assign employees to shifts of its designation.

All of the functions, rights, powers and authority of the Employer not specifically abridged, delegated or modified by this Agreement are recognized by APEA/AFT as being retained by the Employer.

ARTICLE 6 - Contracting Out XE "contracting out"

6.1 Feasibility Study. XE "feasibility study"

A.        The Employer agrees to notify APEA /AFT within one (1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. 

B.        Decisions to contract out will be made only after the affected agency has conducted a formal feasibility study determining the potential costs and other benefits that would result from contracting out the work in question.  The study will include all costs associated with contracting out the work in question including, but not limited to, wages, benefits, administrative costs, agency overhead, program supervision and audits.  The study will similarly determine the costs of performing the work with Bargaining Unit Members. 

C.        The Employer will provide APEA/AFT with no less than thirty (30) calendar days notice that it intends to issue bids to contract out bargaining unit work where the decision would result in displacement of Bargaining Unit Members.  During this thirty (30) calendar day period, the Employer will not release any bids and APEA/AFT will have the opportunity to submit an alternate plan that will be given fair consideration.  The notification by the Employer to APEA/AFT of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract out the work, including but not limited to the total cost savings the Employer anticipates.

D.        Nothing in this Article will prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities.

E.         No employees will be laid off and their work contracted out unless such study shows that the contracting action would be at less cost to the Employer.

6.2 Placement of Employees.

A.        Once the Employer makes a decision to contract out work that will result in displacement of employees, it will make every effort to place employees elsewhere in State government in the following order of priority: within the division, within the department or within State service generally.

B.        In the event employees must be displaced as a result of contracting out, such displacements will be made in accordance with Article 17.

6.3 Compliance XE "compliance"  XE "compliance:audit" .

A.        Upon request to the issuing agency, APEA/AFT is entitled to receive a copy of any audit performed on any State contract.

B.        In those instances where a contract has been issued under the provisions of Section 6.1 that directly results in the displacement of Bargaining Unit Members, APEA/AFT may request that a cost effectiveness audit be performed during the life of that contract.  The State agrees to fund all costs associated with the first six audits under the Agreement; APEA/AFT agrees to fund the costs of any additional requests.

C.        Requests for contract compliance audits will be made directly to the Office of Management and Budget (OMB).  Upon receipt of a request, OMB will advise APEA/AFT of the proposed schedule for audit conduct and compliance.  APEA/AFT will be provided with a copy of the completed audit report within seven (7) working days of completion in final form. 

ARTICLE 6 - Contracting Out XE "Contracting Out" \b

6.01 Feasibility Studies XE "Contracting Out: Feasibility Studies" \b .

A.         The Employer has the right at all times to analyze its operation for the purpose of identifying cost-saving opportunities.

B.         Decisions to contract out shall be made only after the affected agency has conducted a written feasibility study determining the potential costs and benefits that would result from contracting out the work in question.  The Employer agrees to notify the Union within one (1)  week of its decision to initiate a feasibility study. The study shall include all costs associated with contracting out the work in question including, but not limited to, wages, benefits, administrative costs, agency overhead, program supervision, and audits. The study shall similarly determine the costs of performing the work with Bargaining Unit Members. Notice to the Union shall include both the job classifications and work areas affected.

C.        Notification to the Union of the results of the feasibility study will include all statistical and analytical information which the Employer will consider in making its decision regarding contracting out the work, including but not limited to the total cost savings the Employer anticipates. 

D.

1.         The Employer shall notify the Union of its final decision regarding contracting out. 

2.         If the Employer decides to contract out and such contracting out will result in the direct displacement of employees, the Employer shall provide the Union with no less than thirty (30) calendar days notice that it intends to contract out bargaining unit work.  The notification by the Employer to APEA/AFT of the results of the feasibility study will include all information upon which the Employer based its decision to contract out the work, including but not limited to the total cost savings the Employer anticipates.

3.         The Union may then submit an alternate plan that is to include potential costs and benefits. During this thirty (30) day calendar period the Employer shall not release any bids and APEA/AFT shall have the opportunity to submit an alternate plan that will be given fair consideration by the Employer. During this thirty (30) calendar day period, the Union shall have the opportunity to discuss the placement of affected employees. 

E.         No employees shall be laid off and their work contracted out unless the feasibility study shows that contracting out would cost the Employer less. 

6.02 Effect on Employees.  XE "Contracting Out: Effect on Employees" \b

A.         Once the Employer makes a decision to contract out work that will result in the direct displacement of employees, it will make a good faith effort to place employees elsewhere in state government in the following order of priority: 1) within the division, 2) within the department, or 3) within State service generally. 

B.         In the event employees must be displaced as a result of contracting out, such displacement shall be made in accordance with the layoff provisions of this Agreement. 

6.03 Compliance XE "Contracting Out: Compliance" \b

A.         Upon request to the issuing agency, APEA/AFT is entitled to receive a copy of any audit performed on any State contract.

In those instances where a contract has been issued under the provisions of section 6.01 which directly results in the displacement of Bargaining Unit Members, APEA/AFT may request that one cost effectiveness audit be performed during the life of this Agreement. The State agrees to fund all costs associated with such audit.

ARTICLE 7 - Employer/APEA Responsibilities

7.1 Employer Responsibilities. XE "responsibilities:employer"

The Employer agrees that it will not in any manner, directly or indirectly, attempt to interfere between any of its Bargaining Unit Members and APEA/AFT; that it will not in any manner restrain or attempt to restrain any Bargaining Unit Member from belonging to APEA /AFT or from taking active part in APEA/AFT affairs; and that it will not discriminate against any Bargaining Unit Members because of their APEA/AFT membership or any reasonable APEA/AFT activity, provided such activity is not contrary to this Agreement.  No Bargaining Unit Members will be discriminated against for upholding of APEA/AFT principles, and any Bargaining Unit Members who work under the instruction of APEA/AFT or who serve on a committee will not lose their positions or be discriminated against for this reason. 

7.2 APEA Responsibilities XE "responsibilities"  XE "responsibilities:APEA" .

A.         APEA/AFT assumes all obligations and responsibility for this unit, and APEA/AFT will retain the right to discipline members in this bargaining unit. 

B.         APEA/AFT agrees that this Agreement is binding on each and every member of this bargaining unit and that its members, individually or collectively, accept full responsibility for carrying out all of the provisions of this Agreement.

C.        APEA/AFT will actively combat absenteeism and other practices that may hamper the Employer's operation and APEA/AFT will vigorously support the Employer in efforts to eliminate waste and inefficiency, to improve the quality of work and to promote goodwill between the Employer and Bargaining Unit Members.

D.        APEA/AFT agrees to make a good faith effort to see that the Bargaining Unit Members working under this Agreement obey all reasonable rules and regulations as prescribed by the Employer.

7.3 Nondiscrimination. XE "nondiscrimination"

A.         The parties agree that they will not unlawfully discriminate in any employment matter against any Bargaining Unit Member with regard to race, color, religion, national origin, age, sex, disability, marital status, change in marital status, pregnancy, parenthood, political affiliation or political belief.  Further, the parties agree to support appropriate action against any Bargaining Unit Member involved in sexual harassment.

B.         The parties agree that Bargaining Unit Members will have the right to utilize the Employer's Internal Discrimination Complaint Procedure should a dispute involving the provisions of this section arise.  This procedure will be the sole method of resolution of disputes arising from this section.

ARTICLE 8 - Labor-Management Committees

8.1 Purpose and Procedures. XE "labor management"

A.         To facilitate communication between the parties and to promote a climate conducive to constructive employee relations, joint labor-management committees will be established to discuss matters of mutual interest. Committee size will be determined by mutually agreed-upon arrangements at the appropriate level.  The composition of each Association delegation to labor-management committees will be at the discretion of APEA/AFT. 

B.         Such committees will meet when necessary.  Written agenda will be prepared in advance of any meetings and may be reviewed by the Division of Labor Relations and APEA/AFT, when necessary.

C.        Agreements to establish a labor-management committee will include provisions governing the form and recipient of committee recommendations, as well as the manner and time frame for the recipient's response to committee recommendations.

D.        Approved time spent in meetings (including actual and necessary travel time) will neither be charged to leave credits nor considered as overtime worked.  Management will make every effort to reschedule shift assignments or days off so that meetings fall during working hours of Association representatives.  Labor-management committee meetings will be conducted in good faith.  These committees will have no power to contravene any provisions of this Agreement, nor to enter into any agreements binding the parties, or resolve issues or disputes surrounding the implementation or interpretation of the Agreement.  Matters requiring a Letter of Agreement will not be implemented until a signed Letter of Agreement has been approved by the Division of Labor Relations and APEA/AFT Headquarters.

E.   No discussion or review of any matter by the committee will forfeit or affect the time frames of the grievance-arbitration procedure.  Issues that should be resolved through the grievance-arbitration procedure will be referred to and handled pursuant to that procedure.

F.         Staff representatives of the Division of Labor Relations and APEA/AFT will render assistance to local joint committees in procedural and substantive issues as necessary to fulfill the objectives of this Article and may participate in such meetings.

G.        At the conclusion of each calendar year the parties may discuss the concept of labor-management committees and whether it should be modified, expanded or continued.

H.        If labor-management training is offered by the Employer, it will be provided to no more than two (2) APEA /AFT officials at no cost.

ARTICLE 9 - Security of the Parties

9.1 Agency Shop.

A.         It is recognized that APEA/AFT owes the same responsibilities to all Bargaining Unit Members and is to provide benefits and services to all Bargaining Unit Members whether or not they are members of APEA/AFT.  All Bargaining Unit Members will, as a condition of continued employment, either become a member of APEA/AFT and pay APEA/AFT dues XE "dues"   XE "dues:APEA/AFT" or pay an agency fee XE "agency fees"  to APEA /AFT equal to the amount certified by the Association Business Manager to be necessary to reimburse the Association for the expense of representing the members of the bargaining unit.  Payment of APEA /AFT dues will commence no later than thirty (30) calendar days after the date of hire.   The Association agrees to provide its agency fee payers with procedural protections meeting or exceeding the requirements set out in Chicago Teachers Union v. Hudson XE "Chicago Teachers Union v. Hudson"  475 U.S. 292.310, 106 S. Ct. 1066, 1078 (1986) (“Hudson”) for the assessment of service fees:.  aAn adequate explanation of the basis for the fee, a reasonablye prompt opportunity to challenge the amount of the fee before an impartial decision-maker, and an escrow for the amounts reasonablye in dispute while such challenges are pending.

B.         Persons to be employed in the bargaining unit in Juneau, Anchorage and Fairbanks will be notified by the Employer at the time of hire that they have ten (10) working days to report to the local APEA/AFT Office to be advised of their agency shop obligations under this Agreement.  The Employer will not sign up new hires for APEA/AFT agency fees or membership dues.  The Bargaining Unit Member will report to the local APEA/AFT Office on the employee's own time. 

C.        Upon request by APEA/AFT, a Bargaining Unit Member who has been employed for more than thirty (30) calendar days and who is not complying with the agency shop provisions of this Agreement will be terminated by the Employer, provided that the following actions have occurred:

      1.   The APEA/AFT will notify the Bargaining Unit Member of the amount of money that he/she is in arrears.  The notice will inform the Bargaining Unit Member of impending discharge if the full amount owed is not paid to the APEA/AFT within fifteen days after receipt of the notification.  A copy of the notification will be mailed simultaneously to the Division of Labor Relations.

      2.   The APEA/AFT will tender to the Division of Labor Relations a written request for the termination of the Bargaining Unit Member on the basis that the Bargaining Unit Member has not complied with the agency shop provisions of the Agreement within the time period specified in 9.1.A, in that he/she has not paid the arrearage and has not documented that the money is not owed.  The Association Business Manager will provide the Director of the Division of Personnel copies of documents showing the Association’s compliance with paragraph A. for agency fee payers.

D.        Bargaining Unit Members who choose to change their status from APEA/AFT member to agency fee payer may do so after giving 30 days notice to APEA/AFT.  However, the agency fee payers who wish to change their status to APEA/AFT member may do so immediately upon notification to APEA/AFT. 

E.         The State will furnish to the APEA/AFT Headquarters Office a report XE "report"  XE "report:personnel transactions"  showing all personnel transactions adding Bargaining Unit Members to or deleting Bargaining Unit Members from the unit.  Such reports will be furnished on a weekly basis and not later than the week following the week in which the information is received by the Division of Finance.  APEA/AFT specifically agrees that all information provided will be used only for purposes related to the execution of the Agreement, that APEA/AFT will be responsible for the protection and security of information provided and that APEA/AFT will assume all liability that may result from any improper disclosure or use by APEA/AFT of information provided.

F.         The Employer will neither interfere with nor support APEA/AFT in its discipline of the members of this bargaining unit.  This provision will not relieve the Employer of its responsibility to terminate Bargaining Unit Members for nonpayment of APEA/AFT agency fees, initiation fees or membership dues.

G.        The APEA/AFT will defend, indemnify, and save the Employer harmless against any and all claims, demands, suits, grievances, or other liability (including attorney's fees incurred by the Employer) that arise out of or by reason ofn actions taken by the Employer pursuant to this Article, except those actions caused by the Employer's negligence.

H.        The provisions of this section are effective prospectively from the date of signing of this agreement.

9.2 No Strike or Lockout, Picket Lines

A.         APEA/AFT agrees that during the life of this Agreement, APEA/AFT, its agents or its Bargaining Unit Members will not authorize, instigate, aid or engage in any work stoppage, slowdown, sick-out, refusal to work, picketing or strike XE "strike"  against the Employer. 

B.         If a picket line XE "picket line"  is established and sanctioned by APEA/AFT and officially announced by the Business Manager, it will not be a violation of this Agreement and it will not be cause for discipline or discharge in the event a Bargaining Unit Member refuses to enter upon any property involved in such a primary labor dispute or refuses to go through or work behind any such primary line, including primary picket lines at the Employer's place of operation.  The provisions of this paragraph do not apply to those class one Bargaining Unit Members described under AS 23.40.200 or to class two employees if enjoined pursuant to AS 23.40.200. 

C.        The Employer agrees that during the life of this Agreement there will be no lockoutxe "lockout".

D.        Any violation of this Section by APEA/AFT or the Employer is not subject to the grievance-arbitration procedure and either party may pursue such legal remedies as provided by law. 

E.         Disciplinary action taken against an employee for violation of this Section is subject to the grievance-arbitration procedure. 

9.3 Representatives. XE "representatives"  

APEA/AFT will have representatives who are not employees of the Employer who will be authorized to speak for APEA/AFT in all matters governed by this Agreement and will be permitted to visit any work area at any time with prior approval of the Employer.  Such approval will not be unreasonably withheld or delayed. 

9.4 Employee Representatives

A.         In addition to the above, APEA/AFT will, upon written notice to the Employer, authorize a reasonable number of representatives from among the employees of the Employer.  The ratio of Employee Representatives will not exceed one (1) Employee Representative for each twenty-five (25) Bargaining Unit Members in the entire bargaining unit nor will there be more than one (1) in twenty-five (25) or fraction thereof per organizational unit. Notwithstanding the above ratio, APEA/AFT will be allowed additional Employee Representatives where there are none located in the geographic area. The total number of Employee Representatives may include up to 80 employees.

            APEA/AFT will provide lists of Employee Representatives to each departmental personnel office.  The Employer will only recognize an employee as an Employee Representative if the APEA/AFT has informed the Employer in writing of the employee's name and the department(s) and facility(ies) for which he/she has been designated as an Employee Representative.

B.         The Employee Representatives will be allowed to handle complaints and grievances under this Agreement with the proper Employer representative during working hours as well as disseminate information regarding collective bargaining issues directly relating to APEA/AFT and its membership.

C.        When an Employee Representative plans to engage in Association activities, he/she must first schedule the time required with his/her first level supervisor outside the bargaining unit at such time as business permits.

            All time spent in Association activities during an Employee Representative's scheduled work hours will be recorded on the Employee Representative's time sheet.

D.        Employee Representative Time

      1.   The Employee Representative will suffer no loss in compensation for up to nine (9) hours of scheduled work hours per calendar month when the Employee Representative is engaged in the activities listed at B above.  Time spent by an Employee Representative on Association activities under this subsection will not be counted in the calculation of hours worked except for purposes of fulfilling the "work week" definition in Article 25.

      2.   Any additional work hours are subject to the provisions of Article 29, Leave, regarding personal and Association Business Leave, and will be considered as leave taken for all purposes.

E.         Departmental Human Resources Managers will attempt to inform Employee Representatives of all new or transferred Bargaining Unit Members to their work areas.

9.5 Super Seniority.

tc "9.5 - Super Seniority" \f C \l 2xe "seniority"For the purposes of layoff or transfer of positions in the bargaining unit, Negotiating Team members from the date of notice to the Employer of their election and Employee Representatives will head the seniority list of State service, provided that the employee has at least six (6) months of continuous service as a designated Employee Representative.

Super seniority for Negotiating Team members will expire one (1) year after their resignation as a negotiator or the expiration of this Agreement, whichever is earlier. 

9.6 Exclusive Negotiations with APEA/AFT.

tc "9.6 - Exclusive Negotiations with APEA/AFT" \f C \l 2The Employer will not negotiate or handle grievances with any employee organization other than APEA/AFT with reference to terms and conditions of employment of Bargaining Unit Members in the Supervisory Unit.  When individuals or organizations other than APEA/AFT request negotiations or handling of grievances, they will be advised by the Employer to transmit their request to APEA/AFT.  Similarly, APEA/AFT will advise any individuals or organizations seeking to negotiate or handle grievances that APEA/AFT is the exclusive representative of Bargaining Unit Members in the Supervisory Unit and will be the only agency to approach the Employer on these matters. 

9.7 Check off and Payroll Deductions.

A.         Bargaining Unit Members who desire to have dues, initiation fees, agency fees or other employee benefits as specified in this Section, deducted from the pay to which they would otherwise be entitled and have those funds paid to APEA/AFT, will authorize such payroll deductionsxe "dues:payroll deduction" by executing a checkoffxe "dues:checkoff" on a form provided by APEA/AFT that will include the social security number of the Bargaining Unit Member.  Upon receiving such authorization, the Employer will make the deductions so authorized and promptly forward these deductions to APEA/AFT subject to Section 1.D. of this Article. 

B.         All dues or agency fee assignments executed by Bargaining Unit Members will be effective for as long as such Bargaining Unit Member is employed by the Employer in a classification coming within the purview and life of this Agreement, except as provided in this subsection and Section 1.D.  All requests for elimination of payroll deduction of agency fees or membership dues will not be honored by the Employer until after APEA/AFT Headquarters in Juneau has been notified.  All requests for changeover of payroll deductions to agency fees or to membership dues will be honored by the Employer immediately upon notification from APEA/AFT. 

C.        APEA/AFT will have the right to receipts from deductions of APEA/AFT and EPIC dues, initiation fees or agency fees, APEA/AFT-sponsored insurance premiums and APEA-sponsored employee benefits as agreed to by the parties to this Agreement as previously authorized or as may be authorized by the Bargaining Unit Member.  No other employee organization will be accorded payroll deduction privileges with regard to the bargaining unit.  The Business Manager of APEA/AFT will immediately notify the Division of Labor Relations of the State of Alaska in writing of any decrease or increase in authorized dues, initiation fees or agency fees deductions.  The Employer will then make appropriate changes in payroll deductions without further notice, provided that any change does not conflict with the amount authorized by the Bargaining Unit Member.  The Employer agrees to make such deduction promptly and to remit to APEA /AFT within ten (10) working days the amount so deducted, together with a list of Bargaining Unit Members showing amounts deducted from each and the purpose for which each deduction was made. 

9.8 List of Bargaining Unit Members.

tc "9.8 - List of Bargaining Unit Members" \f C \l 2The Employer will provide make available to APEA/AFT a with its current monthly list of Bargaining Unit Members once monthly at no cost to APEA/AFT.  This list will also include the Bargaining Unit Member's name, social security number employee identification number, position control number, range, step, classification title, overtime eligibility status, hire date, mailing address, worksite, email address and termination date or last date in pay status, if applicable.  The list will also itemize and show any regular deductions made and forwarded to APEA/AFT.  Past practice will continue regarding the furnishing of a monthly computer tapeBargaining Unit Member information. 

APEA/AFT specifically agrees that all information provided will be used only for purposes related to the execution of the Agreement, that APEA/AFT will be responsible for the protection and security of information provided, and that APEA/AFT will assume liability that may result from any improper disclosure or use by APEA/AFT of information provided.

9.9 Meeting Space XE "meeting space" .

Where there is appropriate available meeting space in buildings owned or leased by the Employer, this space may be used for meetings by APEA/AFT provided that a request is approved in advance pursuant to the rules of the department or the agency concerned.  

9.10 Bulletin Boards XE "bulletin boards" .

Past practice with regard to bulletin boards will continue.

9.11 Interoffice Mail XE "interoffice mail" .

The Employer will schedule a daily stop, Monday through Friday, excepting holidays, by a courier at the Juneau Headquarters APEA/AFT Business Office for the purpose of delivering and/or picking up business correspondence and related materials between State officials and APEA/AFT officials.  This service will be at no cost to APEA.  This will not include mailings between APEA/AFT officials, whether or not such officials are employees of the Employer, and will not include mailings between APEA/AFT and the membership.

9.12 Email Communications XE "email communications" .

The State communications system is the property of the Employer. 

The Employer recognizes the Association’s right to communicate with its members through the Internet.  Emails from the Association to bargaining unit members shall be related to the Association’s duty to bargain on behalf of or to represent bargaining unit members.  Emails regarding pending legislation or in-progress partisan election campaigns shall be non-positional, but may direct members to a website link.  Disputes about the propriety of Association emails shall be initiated by a written notification to the Association setting out the State’s objection.  The parties shall thereafter meet as soon as feasible for the purpose of discussing and resolving the issue.  If the State does not believe the matter has been adequately resolved, it may limit the Association’s access to its communications system.  The Association may grieve this action.  The Association may file such grievance at Step III and the grievance will be resolved through an expedited arbitration.

Bargaining Unit Members may use their State computer to communicate with each other, and/or the Association, provided such use does not interfere with official state use, or the performance of the Bargaining Unit Member’s job duties.

ARTICLE 10 - Complaint – Grievance - Arbitration

This Article provides separate dispute resolution processes for Bargaining Unit Members depending upon their status and the nature of the dispute.

Nonpermanent employees: XE "nonpermanent" xe "nonpermanent:disputes" All disputes are subject solely to the complaint procedure except as other wise provided in this agreement.

Probationary employees not holding permanent status in another classification: Appeals of dismissal, demotion, suspension or other discipline are subject solely to the complaint  XE "complaint procedures" procedure.  Disputes XE "complaint procedures:disputes"  involving other matters are subject solely to the grievance procedure except as otherwise provided in this agreement.

Permanent employees: Disputes are subject to the grievance procedure except as otherwise provided in this agreement.

10.1 Complaint Procedure.

xe "complaint procedures"The parties hereby agree to the following Complaint Procedure as the sole means of resolving all disputes and controversies not involving the application or interpretation of the terms of this Agreement, all disputes and controversies arising between the State and long-term nonpermanent employees, and  as well as  appeals of the dismissal, demotion, suspension or other discipline of probationary employees not holding permanent status in another classification:

A.         A complaint must be brought to the attention of the Employer, consistent with the procedures set forth in this section, within fifteen (15) working days of the effective date of the action or inaction or the date the long term nonpermanent or probationary employee is made aware of such action or inaction, whichever is later.  Deadlines for submission of a complaint at succeeding steps will be counted from the date of receipt of a response from the Employer, or the date the response is due, whichever is earlier.  Date of receipt of a complaint or a response will be either seven (7) calendar days following date of postmark or the date of a signed verification of receipt.

B.         If the Employer fails to render a decision within the allotted time, the complaint may be advanced to the next step by the Association.  Allotted time frames may be extended by mutual agreement.

C.        Complaints will be processed on forms approved by the Employer and the Association.

D.        The complaint will state the facts from which it arises, the rules, procedures or conditions that should be considered and the remedy requested.  Adjustments to complaints will not conflict with this agreement or applicable written policies, laws, or regulations.

            Appeals XE "complaint procedures:appeals"  should be in writing with a copy of the original complaint attached.

E.         Procedure:

      1.   Complaints will be presented on the form approved by the long-term nonpermanent or probationary employee, Employee Representative or Association Representative to the first level supervisor outside the bargaining unit.  The complaint may be adjusted with or without the participation of an Association or Employee Representative provided that the complainant has not been denied the opportunity for representation.  The supervisor will respond in writing to the complainant within ten (10) working days.

      2.   If the response is unsatisfactory, an Employee or Association Representative XE "complaint procedures:association representative"  may appeal to the Commissioner or such other administrative head as may be the highest level supervisor of the agency in which the complainant is employed within ten (10) working days after the response is due or received, whichever is earlier.  The Commissioner will respond in writing to the Employee or Association Representative within ten (10) working days of receipt of the appeal.

      3.   Failing resolution, an Association Representative may present the appeal to the Commissioner of the Department of Administration within ten (10) working days after the response is due or received, whichever is earlier.  Upon request of the Association a meeting between the Association Representative and the Commissioner or a designee will be convened to discuss the complaint.  The Commissioner will respond in writing to the Association Representative within twenty (20) working days of receipt of the complaint or of the meeting, if held, whichever is later.  The decision of the Commissioner of the Department of Administration is final and will settle the matter.

F.         Extensions to the time limits XE "complaint procedures:extensions"  established in 1 and 5 above may be accomplished with the written concurrence of APEA/AFT.

10.2 Grievance Procedure XE "grievance procedures"  XE "grievance procedures:general" :

General.  Having a desire to create and maintain labor relations harmony, the parties agree that they will promptly attempt to adjust all grievances arising between them.  The APEA/AFT or the aggrieved employee or employees will use the following procedure as the sole means of settling grievances, except where alternate dispute resolution and appeal procedures have been otherwise agreed to in this collective bargaining agreement, in which case the applicable alternative procedure will be the exclusive appeal process available to the employee or employees.  It is further agreed that the parties covered herein will be bound by any written decisions, determinations, agreements or settlements that may be effectuated through this grievance-arbitration procedure.

A.         Grievance Definition: xe "grievance procedures:definition"A grievance will be defined as any controversy or dispute involving the application or interpretation of the terms of this Agreement arising between APEA/AFT or an employee or employees and the Employer.

B.         Time Frames XE "grievance procedures:time frames" : Any grievance must be brought to the attention of the Employer, consistent with the procedures set forth in this Article, within thirty (30) working days of the effective date of the disputed action or inaction or the date the employee is made aware of the action or inaction, whichever is later, to receive the attention of APEA/AFT and the use of the grievance procedure. 

            The fifteen (15) working days for submission of a grievance will be counted from the date the Employer's response was due or received, whichever is earlier.  Date of receipt will be either seven (7) calendar days following date of postmark or a signed verification of a hand-delivered response.

            The ten (10) working days for response to a grievance will be counted from the date of receipt of the grievance from APEA /AFT or the employee.  Date of receipt will be either seven (7) calendar days following date of postmark or a signed verification of a hand-delivered grievance.

            If the Employer fails to comply in rendering a decision in the allotted time frame, the grievance will advance without further delay to the next step of the procedure.

            Allotted time frames may be extended by mutual agreement under extenuating circumstances in all steps of the grievance procedure.

C.        Forms: In the interest of timely resolution of grievances, they will be processed on forms approved by the parties.

D.        Mailing: All mailed material relating to Steps Two, Three and Four of a grievance will be accomplished by a proof of receipt method.

E.         The parties agree that nothing in this Agreement precludes them from mutually agreeing to submit any grievance(s) not resolved at Step Three to mediation.

F.         Removal of Documents:  Documents implementing penalties that are later reversed in the grievance-arbitration procedure will be removed from the personnel file.  The parties agree that this provision does not preclude the maintenance of such records in the files of the Division of Labor Relations provided such documents will not be forwarded to potential employers within or outside State government. 

G.        Special Circumstances

      1.   Employer Grievances: It is understood that should the Employer wish to file a grievance, the Employer will file the grievance with the Business Manager of the Association.  Failing a response consistent with the time frames contained in Step Three or a resolution, either party may request arbitration consistent with Step Four of this Article. 

      2.   Disciplinary Grievances.  XE "grievance procedures:disciplinary grievances" It is agreed that all grievances resulting from dismissal, demotion for cause, or a single suspension in excess of thirty (30) calendar days of an employee covered by this Agreement will be entered into the procedure at Step Two and must be brought to the attention of the Employer through APEA/AFT within fifteen (15) working days of the effective date of the action, or the date the employee becomes aware of the action, whichever is later, to receive the assistance of APEA/AFT and the use of the grievance procedure.

      3.   Class Action Grievances.  XE "grievance procedures:class action grievances" Class action grievances will be submitted by the APEA/AFT representative to the first level supervisor having jurisdiction over the entire class of grievances (i.e., if class is comprised of employees working in more than one (1) department grievances will be submitted at Step Three, if only one (1) department but more than one (1) division, Step Two, etc.).  A "class action grievance" is a situation that allegedly adversely affects two (2) or more employees in the same manner, or a situation in which APEA/AFT believes the Employer has violated the agreement but in which there are no known individual grievants.  Class action grievances must identify all grievants by name, job class and department of each grievant to the extent possible.  The grievance must state clearly and specifically the relief sought, the provisions of the agreement alleged to have been violated, and the specific nature of each violation.  The Employer agrees to cooperate with APEA/AFT in reasonable efforts to identify employees who may be considered grievants.  Failure to file a class action grievance does not bar the filing of grievance subsequently in behalf of an employee.

10.3 Step One: Oral or Written Grievance: XE "grievance procedures:step one"

When a grievance arises from an action or an inaction, the employee, either alone or accompanied by an APEA/AFT or Employee Representative, has the option within thirty (30) working days to lodge an oral or written grievance with the first level supervisor outside the bargaining unit.

That supervisor has ten (10) working days in which to respond in writing to the employee's complaint with a copy to the appropriate APEA/AFT field office.  Where appropriate, the decision will be implemented. 

If the supervisor does not respond or implement the decision in ten (10) working days, or if the response is not satisfactory to the employee, the aggrieved employee must reduce the complaint to writing within fifteen (15) working days and submit that grievance to Step Two through an APEA/AFT Representative.

Settlements reached at this step will be binding only if such settlements are consistent with the provisions of this contract and policies and regulations of the Employer. 

Grievances settled in writing at Step One found to be inconsistent with the contract; policies and regulations of the Employer may be reopened by the Employer through a written notice to APEA/AFT within ten (10) working days from the date of written settlement.  Grievances reopened in this manner will proceed immediately to Step Three of the grievance procedure. 

10.4 Step Two XE "grievance procedures:step two"

tc "10.4 - Step Two" \f C \l 2Failing to settle the grievance in accordance with Step One, the appeal will be referred to and submitted by an APEA/AFT Representative within fifteen (15) working days after the response from Step One is due or received, whichever is earlier. 

The appeal will be presented in writing to the Commissioner or such other administrative head, as may be the highest level supervisor of that department or agency in which the grievant is employed.  The Commissioner of that department or agency will respond in writing to the employee and APEA/AFT representative within fifteen (15) working days after receipt of the appeal. 

10.5 Step Three XE "grievance procedures:step three"

tc "10.5 - Step Three" \f C \l 2Failing to settle the grievance in accordance with Step Two, the appeal will be submitted in writing by the APEA/AFT Representative within fifteen (15) working days after the response from Step Two is due or received, whichever is earlier.

The appeal will be presented in writing for settlement to the Commissioner of the Department of Administration.  The Commissioner of the Department of Administration will respond in writing to the employee and the APEA/AFT representative within twenty (20) working days after receipt of the appeal.

In the event the matter is settled by written agreement between the APEA/AFT Representative and the Commissioner of the Department of Administration, such written agreement will have the same force and effect as a decision or award of the arbitrator and be final and binding on each of the parties and they will abide thereby.  Should either party fail or refuse to abide by the written agreement, the prevailing party will be free to take whatever action it deems necessary, and such action will not be considered in violation of this Agreement.

10.6 Step Four: XE "grievance procedures:step four"  Arbitration XE "arbitration"

A.         Any grievance that involves the application or interpretation of the terms of this Agreement, or is an appeal from demotion or dismissal of a permanent employee, or an appeal from dismissal of a probationary employee holding permanent status in another classification, which is not settled at Step Three, may be submitted to arbitration for settlement.  APEA /AFT will state specifically which Article (s) and Section(s) the State may have violated and the specific manner in which the violation is alleged to have occurred

            If either party desires to demand arbitration, the request must be received in writing within forty (40) calendar days after the response from Step Three is due or received, whichever is earlier.  The parties will meet within ten (10) calendar days after receipt of the request for arbitration to strike names.  APEA/AFT will contact the State to strike names.

B.         Board of Arbitration. XE "arbitration:board of arbitration"

      1.   Selection of Arbitration Panel: Within thirty (30) calendar days of the signing of the Agreement, the Employer and the APEA/AFT will jointly request from the U.S. Federal Mediation and Conciliation Service (USFMCS) the names of twenty-one (21) qualified arbitrators.  Each party may add up to three names to the list provided by the USFMCS.  From the list of 27 arbitrators the Employer and the APEA/AFT will alternately strike names from the list one name at a time until 11 names remain on the list. This list of 11 arbitrators will be used by the parties to select individual arbitrators for hearings.  This does not preclude the parties from compiling a mutually agreeable list without the assistance of the USFMCS.

      2.   Selection of Arbitrator for Hearing: In the event that arbitration becomes necessary the parties will select the arbitrator by alternately striking from the USFMCS list one (1) name at a time until only one (1) name remains on the list.  The parties will alternate on striking the first (1st) name. The name of the arbitrator remaining on the list will be accepted by the parties as the arbitrator, and arbitration will commence on a date agreed to by the parties.

      3.   Pre-arbitration Meeting: No later than seven (7) days prior to the scheduled arbitration hearing, the parties will meet to exchange information and to attempt to agree on the phrasing of the question(s) to be submitted to the arbitrator.  Each party will inform the other of any witnesses it intends to present testimony at the hearing.  It is the intention of the parties that post hearing briefs normally not be written.  If either party believes it is necessary to write a brief in an upcoming case, it will so inform the other party.

      4.   Limitations:  During the process of the above procedure, there will be no strike or lockout.  The arbitrator will have no authority to rule contrary to, to amend, add to, subtract from or eliminate any of the terms of this Agreement.

      5.   Arbitration Expenses: Expenses incident to the services of the arbitrator will be borne by the losing party.  If, in the opinion of the arbitrator, neither party can be considered the losing party, then such expenses will be apportioned as in the arbitrator's judgment is equitable.

      6.   Arbitration Witnesses: A Bargaining Unit Member who is required to appear as a witness at an arbitration proceeding for APEA/AFT will be subject to the Association Business Leave Bank.  Should the Employer deny a Bargaining Unit Member leave to appear as a witness at arbitration, neither party waives its rights to seek legal recourse.

C.        Authority of the Arbitrator XE "arbitration:authority of the arbitrator"

      1.   Questions of procedural arbitrability will be decided by the arbitrator.  The parties agree that these threshold issues should normally be resolved before the arbitrator hears arguments on the merits of that dispute.  Therefore, the arbitrator will have the authority to rule on procedural arbitrability issues immediately upon the close of arguments on those issues.  Either side is free to argue for an immediate ruling, adjournment until a decision is made, deferral of a decision pending the presentation of the merits, or whatever other manner of proceeding it may deem appropriate.  The arbitrator's decision will be final and binding.

      If the Employer intends to raise arbitrability issues, APEA/AFT will be notified in writing of the issues not later than twenty (20) calendar days before the hearing so both sides are prepared to address the issues.  However, should an arbitrability issue arise within twenty (20) calendar days before the hearing, the Employer will inform APEA/AFT immediately.  The parties may agree to proceed on the scheduled hearing date.  If they cannot agree, either party may reschedule the hearing to a later date to allow for the appropriate notice.

      2.   The arbitrator will have no power to modify a penalty or other management action except by finding a contractual violation.  The arbitrator will have no authority to rule contrary to, amend, add to, subtract from or eliminate any of the terms of this Agreement.

      3.   The parties agree that the decision or award of the arbitrator will be final and binding on each of the parties and that they will abide thereby.  Should either party fail or refuse to abide by the decision of the arbitrator, the prevailing party will be free to take whatever action it deems necessary and such action will not be considered in violation of this Agreement.

ARTICLE 11 - Protection of Rights 

11.1 Prohibited Work.

The Employer will not knowingly require any Bargaining Unit Member to perform work in violation of any Federal, State, or local laws.

11.2 Revocation of Licenses.

In the event any Bargaining Unit Member will suffer a revocation of a professional license  XE "license" because of violations of any Federal, State or local laws by the Employer, the Employer will provide suitable and continued employment for such Bargaining Unit Member at not less than the member's standard rate of pay at the time of revocation of the employee's license for the entire period of revocation of the license and the Bargaining Unit Member will be reinstated to the position held prior to revocation of license after the license is restored. 

11.3 Stolen or Damaged Property.

tc "11.3 - Stolen or Damaged Property" \f C \l 2xe "stolen property"xe "damaged property"Bargaining Unit Members will not be responsible for stolen, lost or damaged property except in cases where there is substantial evidence indicating a negligent or deliberate act.  This will include the use of credit cards for any purpose or any other method of credit.  In cases of Bargaining Unit Members who are continuing their employment, no deduction in pay will result until a period of thirty (30) working days from notice.  If the Bargaining Unit Member disputes the matter through the grievance or complaint procedure within thirty (30) working days from notice, no action will be taken until the grievance or complaint has been resolved. 

A Bargaining Unit Member will not use his or her own personal property unless prior written approval by the Employer has been obtained.  If personal property is authorized and is lost, stolen or damaged while in use on behalf of the Employer and there is no substantial evidence indicating a negligent or deliberate act by the member, it will be replaced or repaired by the Employer. 

In cases of separating Bargaining Unit Members or seasonal employees leaving at the end of a season the Employer may withhold from the final paycheck the value of the lost or damaged property pending resolution of the grievance or complaint.

This Section is not intended to preclude disciplinary action or provide for a time frame for that action except as otherwise provided in this Agreement. 

11.4 Accidents.

tc "11.4 - Accidents" \f C \l 2xe "accidents"When an accident occurs that, in the Employer's opinion, is chargeable to a Bargaining Unit Member, the Bargaining Unit Member will be notified of such chargeability before any action has been taken with respect to such chargeability.  A Bargaining Unit Member will have recourse through the grievance or complaint procedure (as appropriate) beginning with the Commissioner of the Department of Administration level.

11.5 License Requirements. XE "license:requirements"

A.         Each Bargaining Unit Member will be responsible for obtaining and retaining all mandatory licenses and certifications necessary to perform the essential functions of his/her position.

B.         In the event a new license or certification requirement is established for any job classification or position during the life of this Agreement, incumbents in the affected positions are required to obtain the mandatory license or certification within the established deadlines.  The Employer will pay the initial license or certification fee for employees who are incumbents of positions directly affected by the new license or certification requirement.

C.        Prior to the implementation of new license or certification requirements for any filled position during the life of the Agreement the Employer will meet and confer with APEA/AFT regarding:

      1.   The nature and extent of the license or certification requirement

      2.   Deadlines for obtaining the required license or certification

      3.   Alternatives, if any, to the license or certification requirement, including alternate employment for incumbents of positions affected by the new requirement who are unable to obtain the required license or certification by the deadline.

D.        In instances in which an employee attempts but is unable to obtain the mandatory license or certification within the deadline established, the employee will be terminated without prejudice.    Such employee will be permitted to submit no more than fifteen (15) applications for other job classes, which applications will be given priority handling by the Division of Personnel.  Every effort will be made to examine such applications within two (2) weeks after receipt by the Division of Personnel.  To receive priority handling, the applications must be accompanied by a letter from the Human Resource Manager of the employing department certifying eligibility under the provisions of this section. The parties will meet and negotiate accommodations to lessen the impact on the employee.

E.         In the event the employee obtains the required license or certification within three years after termination without prejudice, the employee will be placed on the layoff list for the job classification from which terminated for the remainder of a three year period commencing on the date of termination.  To be placed on the layoff list, the individual must provide proof of certification or licensure to the Division of Personnel and be available for employment.  Upon placement on the list, the individual will be entitled to the rights and obligations contained at 17.5.A, 17.5.A.1 and 17.6.

11.6 Mandatory Testing XE "testing"  and Fingerprinting XE "fingerprinting" .

At least 45 days before the State implements any mandatory disease testing, drug testing or fingerprinting program affecting Bargaining Unit Members not already in effect on the date of the signing of this Agreement, the parties agree to meet and confer on issues including the following:

A.         the reasons why the Employer desires to implement the mandatory testing or printing program; and

B.         what testing or printing procedures the Employer intends to use to insure the confidentiality, reliability and integrity of the results.

ARTICLE 12 - Legal Assistance

If the Employer determines that a Bargaining Unit Member did not engage in conduct beyond the scope of the Bargaining Unit Member's authority or that constituted willful misconduct or gross negligence in the performance of the Bargaining Unit Member's duties, upon request, the Employer agrees to provide for the legal defense of the Bargaining Unit Member in any legal action brought against the Bargaining Unit Member as a result of the performance of the Bargaining Unit Member's duties. 

The Bargaining Unit Member must request in writing that the Employer provide the legal defense services available under this Article within ten (10) working days of service of summons and complaint on the Bargaining Unit Member.  The complaint and summons will accompany the request.  The postmark on the Bargaining Unit Member's request will be accepted as the date of request by the Employer.  Failure to submit a written request within the required ten (10) working days may relieve the Employer of any obligation under this Article. 

12.1 General.  

            A.         Definitions:

Providing a legal defense means that Employer appoints at its expense counsel to represent member in a legal action. 

Indemnification means Employer’s payment of a judgment or legal obligation that member incurred as a result of member’s duties for Employer.

            B.         Claims against a member as a state employee:

In legal actions under AS 09.50.250 against a member, AS 09.50.253 provides for certification by the Attorney General and for the action to proceed exclusively against the state if the action arose from conduct within the scope of member’s employment.  A request for certification under AS 09.50.253 is made as provided in AS 09.50.253 and 9 AAC 33.010 and is not subject to the grievance arbitration procedure in Article 10 of this agreement.

C.        Claims against a member under a federal or state law expressly authorizing a claim against a state official:

If AS 09.50.253 does not apply because federal or state law expressly authorizes an action against member, Employer will provide a legal defense and indemnify member as provided in 12.2 – 12.6.

12.2 Providing a legal defense.

Employer will provide a legal defense to a member named as a defendant or respondent in a legal action if member was acting within the scope of member’s office or employment at the time of the incident out of which the action arose.

The Employer will have the right to determine which attorney will represent the Bargaining Unit Member.  If the Bargaining Unit Member objects to the attorney provided by the Employer, the member may request the Employer to appoint another attorney.  The Bargaining Unit Member may make only one (1) such request. 

12.3 Indemnification.

Employer will indemnify a member for a judgment or legal obligation if the judgment or legal obligation arose from member’s action within the scope of member’s office or employment except as provided in 12 6. 

Employer may provide a legal defense without assuming the obligation to indemnify member by notifying member in writing that it is reserving its right to deny payment of the judgment or obligation under this section. 

12.4 Scope of office or employment.

Member is acting within the scope of member’s office or employment if

a.         member was employed or authorized to perform the act or omission;

b.         the act or omission occurred substantially within the authorized space or time of the office or employment;

c.         a purpose of the act or omission was to serve the state; and

d.         the act or omission did not constitute willful, reckless, or intentional misconduct, gross negligence, or malicious conduct.

12.5 Disputes.

Employer’s decision to withhold a legal defense or indemnification is subject to review by complaint for breach of contract in the superior court of this state and is not subject to the grievance arbitration procedure in Article 10 of this agreement. 

12.6 Punitive Damages.

Employer will not indemnify member for a judgment against member for punitive damages.

If the Employer determines that the Bargaining Unit Member did not engage in conduct beyond the scope of the Bargaining Unit Member's authority or that constituted willful misconduct or gross negligence, the Employer agrees to compensate the Bargaining Unit Member at the Bargaining Unit Member's normal rate of pay including per diem, without loss of any benefits or seniority to the Bargaining Unit Member; upon a reasonable showing by the Bargaining Unit Member of need, an absence from work will be allowed to prepare the member's case for negotiation or trial.  The Employer also agrees to pay any judgment (including punitive damages) rendered against the Bargaining Unit Member if the Employer has provided legal services to the Bargaining Unit Member pursuant to this Article. 

The Employer may undertake the defense of a Bargaining Unit Member pursuant to this Article with reservation.  If the Employer has provided legal services under reservation, the obligation to pay a judgment (including punitive damages) against the Bargaining Unit Member is not operative until final determination is made by the Employer of the Bargaining Unit Member's eligibility for legal services under this Article.  If the Employer has undertaken the defense of a Bargaining Unit Member with reservation and if a court of competent jurisdiction deems that the Bargaining Unit Member acted beyond the scope of the Bargaining Unit Member's authority or with willful misconduct or gross negligence, then the Employer has no liability whatsoever to the Bargaining Unit Member or any other person as a result of such determination.  In such cases as this, the judgment (including punitive damages), costs, and fees will be borne by the Bargaining Unit Member as in any other instance where the court determines that the Bargaining Unit Member acted beyond the scope of the Bargaining Unit Member's authority or with willful misconduct or gross negligence.  

For purposes of this Article, Employer means State of Alaska or designated representative of the State or an agency of the State. 

ARTICLE 13 - Conditions

13.1 Lunch Break XE "break" .

A lunch XE "break:lunch"  break of not less than thirty (30) minutes or more than one (1) hour will be allowed approximately midway of each shift.  Longer periods may be arranged between a Bargaining Unit Member and their supervisor.  The Employer will make every reasonable effort to accommodate the Bargaining Unit Member's lunch break preference while insuring adequate staffing at each worksite.  An additional lunch period of thirty (30) minutes will be allowed when a Bargaining Unit Member works continuously for two (2) hours or more before or after the normal shift and such additional lunch period will be considered as time worked at the proper overtime rate if applicable.  In the event that a Bargaining Unit Member is recalled within two (2) hours of the termination of his or her normal shift, the Bargaining Unit Member will be granted a meal break in accordance with the other provisions of this paragraph.

13.2 Relief Period. XE "break:relief period"

All Bargaining Unit Members will be allowed one (1) relief period during the first (1st) half of the shift and one (1) relief period during the second (2nd) half of the shift.  A normal relief period is fifteen (15) minutes.  The Employer will establish reasonable rules governing the taking of such relief period after consultation with the local Employee Representative if consultation is requested.  Relief periods will normally be taken away from the immediate work area. 

When working other than the regular shift, relief periods will be allowed to Bargaining Unit Members consistent with the above schedule.

13.3 Staffing Levels.

The levels of staffing in all institutions will be proper subjects for labor-management committees established in accordance with Article 8. 

ARTICLE 14 -  XE "parking" Parking

The State will make a good faith effort to make designated parking facilities available to Bargaining Unit Members, wherever practicable. 

APEA/AFT will be consulted regarding any large-scale change in the number and location of bargaining unit spaces. 

Where head bolt heater outlets are provided by the Employer, all Bargaining Unit Members will be permitted to use such outlets at no cost and under the conditions as designated by the Employer, consistent with specific Environmental Protection Agency (EPA) or local jurisdiction standards, where existing. 

ARTICLE 15 - Time Off to Vote XE "vote"

The Employer will provide reasonable and necessary time off for Bargaining Unit Members covered by this Agreement to vote in local, municipal, borough, State and Federal elections, provided that the Bargaining Unit Member is unable to vote outside working hours because of actions of the Employer. 

ARTICLE 16 - Tools, Uniforms, and Safety

16.1 Tools and Uniforms.

 XE "tools" The Employer will not require Bargaining Unit Members to furnish their own vehicles, tools or work implements in order to perform State work. 

The Employer will provide uniforms XE "uniform"  to any and all Bargaining Unit Members required to wear such prescribed apparel.  A uniform is defined as a complete set of wearing apparel required by the Employer and required by the Employer to be of a specific color and style.

16.2 Safety XE "safety"  Clothing and Equipment.

When the Employer or the Division of Labor Standards and Safety determines that special protective clothing or equipment is necessary for the performance of the Bargaining Unit Member's duties, the Employer will provide said clothing or equipment.

16.3 Unsafe Work.

It will not be a violation of this Agreement or grounds for dismissal if a Bargaining Unit Member refuses to work on an unsafe job, provided the job is found to be unsafe by the Alaska Department of Labor.  Any safety equipment required by the Division of Labor Standards and Safety regulations to make a job safe will be supplied by the Employer.  The Employer will abide by the Division of Labor Standards and Safety regulations.

Disciplinary action will not be taken under this Article until the Department of Labor has made a finding on safety.  If the Department of Labor finds the job to be safe, and in the event that subsequent disciplinary action is taken, the Bargaining Unit Members will have recourse to the established grievance or complaint procedure.

16.4 Dry Cleaning Allowances for Public Safety, Corrections Institutions, and Airport Security Personnel.

Employees as defined above who are issued uniforms will receive a dry cleaning allowance equivalent to that provided for by their subordinate’s union, whether it be Public Safety Employees Association (PSEA) or the Alaska Correctional Officers Association (ACOA).  Articles of clothing issued by the Employer will be replaced when they become unserviceable due to damage or wear.

16.5 Physicals XE "physicals" .

Regularly commissioned supervisors in the Alaska State Troopers, the State Fire Marshal’s Office, and Fish and Wildlife Protection in the Department of Public Safety and the Airport Security Supervisory Bargaining Unit Members will receive physicals comparable to those afforded members of PSEA.  Adult Probation Officers in the Department of Corrections shall receive reimbursement for annual physicals comparable to those afforded Correctional Officers in the ACOA.

ARTICLE 17 - Layoff XE "layoff"

17.1 General Provisions.

A.         The Employer may lay off an employee who holds a substitute appointment when the incumbent returns to work, or by reason of abolition of the position, shortage of work or funds or other reasons outside the employee's control that do not reflect discredit on the services of the employee.  The name of such an employee will remain on the layoff list for a period of three (3) years.  If not reappointed within this time to a position at the same or higher salary range as the class from which laid off, the employee will be considered to have exhausted layoff rights.  If not reinstated to any position within three (3) years, the employee will be considered to have terminated without prejudice.

B.         No permanent or probationary employee in the bargaining unit will be laid off while there are emergency, nonpermanent or provisional employees serving for periods longer than thirty (30) calendar days in the same agency and location in the same job class or in other job classes performing work to which the permanent or probationary employee could reasonably be assigned based upon the minimum qualifications for the class and consistent with the needs of the agency. 

C.        Change of Status in Lieu of Layoff.  XE "layoff:change of status" The incumbent of a position for which the status is changed (e.g., from full-time to part-time or seasonal, etc.) may elect to remain the incumbent of that position in lieu of layoff.  Subject to the following provisions, the employee may retain layoff rights to the original position status.

      1.   Upon a change in the status of an occupied position, the Employer will attempt to give at least thirty (30) days and in no case less than two (2) weeksten (10) working days written notice of the effective date of layoff, including a list of all positions in the class series for which the employee has an election to demote/displace other employees.  Within ten (10) working days following receipt of the layoff notice, the employee will advise the Employer of the decision to either exercise layoff rights or to accept a change in position status.

      2.   If an employee elects to accept a change in position status, the employee will be placed on the layoff list for the division, location, classification and position status originally held.  The employee is eligible for certification and recall rights associated with that layoff list and is subject to all conditions accompanying those rights.

      3.   The employee may submit a statement specifying the conditions under which the employee will be available for recall. These conditions are limited to department and location with one exception: in instances in which a classification has formal distinct options under one job class title, the employee may restrict recall rights to specific options (other than that from which laid off) provided the employee meets the minimum qualifications for those options.

      4.   No other layoff rights will apply to employees in this situation. 

17.2 Organizational Units.

A.         Structure.

      1.   The basic subdivision of agencies into organizational units XE "organizational units"  for layoff purposes for positions in this bargaining unit will be the following:

a.   Department

b.   Location*

c.   Job Classification Series

d.   Position Status

*”Location" is the geographic location XE "organizational units:geographic location"  of the selected position.  If less than five (5) employees would be included in the unit at that locale, "location" will be expanded (preferably concentrically) to include the closest area until five (5) are included. 

In instances where there are not five (5) employees in the next lower job class affected, "location" will be expanded concentrically until five (5) employees are included, providing also that all employees within the class series at any location from which one (1) employee is required will also be included in the organizational unit.  A "location" identified pursuant to this provision will remain the "location" for all directly-related actions made pursuant to Section 3 of this Article.  Geographic expansion to obtain five (5) employees of the lower classification will not be considered a new or revised organizational unit within the meaning of this Agreement and will not require approval, posting or notice for the thirty (30) calendar days as provided for elsewhere in this Article.  Geographic expansion will take into consideration similarity of duties and the needs of the State when determining the concentric circles for purposes of this Section.

      2.   Organizational units will not be structured for the purpose of constructively discharging specific employees.

      3.   Changes to these units may be approved by the Director of the Division of Personnel & Labor Relations in accordance with 2 AAC 07.800 as it existed on January 1, 1994 for compelling business reasons.  In the exercise of this responsibility subsequent to the signing of this Agreement, the Director of the Division of Personnel & Labor Relations will request and consider the comments of the APEA/AFT.  The parties recognize that time is of the essence.  Every good faith effort will be made to promptly address requests for changes to organizational units.

      4.   Copies of requests for organizational units will be provided APEA/AFT upon receipt by the Division of Personnel & Labor Relations.  Copies of approved organizational units will be provided to the APEA/AFT simultaneously with notice to an agency.

B.         APEA/AFT may request the Commissioner of the Department of Administration to review the decision of the Director of the Division of Personnel & Labor Relations regarding changes to organizational units. Such requests will be in writing and must be delivered to the Commissioner of the Department of Administration within ten (10) working days of receipt of a copy of an approved change.  The Commissioner of the Department of Administration will review the action of the Director of the Division of Personnel & Labor Relations and will advise APEA/AFT of the results of that review in writing within ten (10) working days of receipt of the request.  This will be the sole means of reviewing organizational units for layoff.  However, APEA/AFT is not precluded from filing grievances over alleged violations stemming from 17.2.A.2.

C.        The parties recognize that all affected employees must be informed of existing layoff units and changes to layoff units.  Copies of approved organizational units must either be posted or copies distributed to notify affected employees of the recognition of layoff units.  Upon request, each employee will promptly be given a copy of the approved organizational unit. 

D.        An organizational unit must be approved at least thirty (30) calendar days before a notice of layoff is sent to any employee in the affected unit.  This time limit may be concurrent with the notice to the employee under 17.4 below.

17.3 Order of Layoff XE "layoff:order" .

A.         In instances where computation of layoff points and the establishment of a layoff order are required, the Director of the Division of Personnel & Labor Relations will certify a list to the appointing authority with a copy to APEA/AFT Headquarters.  Confidentiality of information will be respected and layoff lists will not be open for inspection. 

B.         Layoff seniority will be computed based upon the employee's length of probationary/permanent service in the classified service.

C.        Once the Employer identifies the position it intends to vacate through this procedure, the following procedure will apply:

      1.   The employee with the least number of layoff points in the local geographic area within the organizational unit in the classification targeted may elect to displace the employee with the least number of layoff points in the next lower classification in that same organizational unit; provided the employee in the higher classification has more layoff points than any employee in the next lower classification, or they may elect to displace the least senior employee in a lower classification at their work location;

      2.   If no employee in the next lower job classification has less points than the employee being laid off, each lower classification in that same organizational unit will be reviewed until the series is exhausted. 

      3.   If no employees with fewer layoff points exist within the organizational unit, that employee will be laid off.

D.        Upon receipt of the layoff notice, a layoff list of all positions in the class series and the location in which he or she may exercise an election, the displacing employee will have ten (10) working days to exercise such election to displace an employee under the terms of 17.3.C.  If electing to displace an employee in a lower classification in a series, he or she will be placed at the appropriate range at his or her existing step and the merit anniversary date will remain unchanged.  Upon recall to the original job class, the employee's salary will be adjusted upward, step for step, to the appropriate range.  Each employee displaced by this procedure will have the right to use this procedure. 

E.   The order of layoff will be: 

      1.   Employees will be listed in ascending of order of points.  The employee listed first will be laid off first, the second employee second, etc.

      2.   Super Seniority:  Those employees entitled to super seniority under the terms of Article 9.5 of this Agreement will head the seniority list and will be the last to be laid off in the organizational unit.

      3.   Ties:  If two (2) or more employees have identical layoff points, the order of layoff will be determined by the following:

a.   Veterans' Preference per AS 39.25.150(19):  A veteran will be given preference for the position over a non-veteran.

b.   The employee who has the least months, or parts thereof, of permanent/probationary State service will be laid off first.

c.   In any case that cannot be determined by the application of a. and b. above, it will be at the Employer's discretion to determine which of two (2) or more employees to lay off.

17.4 Notification XE "layoff:notification" .

A.         In every case of the layoff of any permanent employee, the appointing authority will make every effort to give written notice to the employee at least thirty (30) calendar days in advance of the effective date of the layoff.  The appointing authority will give at least two (2) weeksten (10) working days written notice.

B.         In every case of the layoff of a probationary employee, the appointing authority will make every effort to give written notice to the employee at least two (2) weeks ten (10) working days in advance of the effective date of the layoff.

C.        The Division of Personnel & Labor Relations will be available to provide counseling and assistance to affected employees.  This includes assistance in seeking other employment and advice as to the employee's rights and benefits.

17.5 Rights of Laid-Off Employees XE "layoff:rights" .

A.         Recall

            Employees who are laid off may choose to select recall rights to three job classes within their job class series or to only the classification from which they were laid off.  The methods for selecting these alternatives are described below in 6 and 7.

      1.   A laid-off employee will be placed on the layoff list for certification purposes. When a certification is requested, the one (1) employee highest on the layoff list for that organizational unit in that job class series will be certified for the vacancy.

      2.   If no organizational unit layoff list exists or if such eligibles decline appointment or are not available, the one (1) employee highest on the layoff list for that department in that job class series will be certified for the vacancy.

      3.   If no departmental layoff list exists or if such eligibles decline appointment or are not available, the one (1) employee highest on the layoff list of other agencies for the same job class series will be certified for the vacancy. 

      4.   The order for return from layoff will be the inverse of the order of layoff, i.e., super seniority employees first, followed by the other employees in descending order of points. If two (2) or more laid-off employees in the same job class series have identical layoff points, the job will be offered first:

a.   To the employee who meets the legal definition of veteran for purposes of veterans' preference.

b.   To the employee who has the most months, or parts thereof, of permanent/probationary State classified service

c.   To the employee who has been on layoff the longest.

d.   In any case that cannot be determined by the application of a. through c. above, it will be at management's discretion to determine which of two (2) or more laid-off employees to recall.

      5.   The parties recognize the obligation to make good faith efforts to re-employ laid-off employees.

      It is not until all laid-off employees from the bargaining unit have been certified one (1) at a time and are not available or otherwise decline the position that the position will be open for recruitment.

      6.   An employee may submit a statement restricting the conditions under which the employee will be available for recall.  These conditions are limited to department, location, maximum of three job classes within a job class series and status of employment with one (1) exception: in instances in which a job class has formal, distinct options under one (1) job class title and is so certified on the vacancy announcement, recall rights may be restricted to specific options (other than from which laid off) by the employee.  The Employer will request information concerning restrictions of conditions of availability from each employee at the time of layoff.  An employee who wishes to expand layoff rights from a job class to the job class series may designate up to three job classes within the job class series (that may include the class from which laid off) at a level equal to or lower than the job class from which laid off.

      7.   If an employee does not file a written statement concerning restrictions of conditions of availability, the Employer will place the employee on layoff status for the job class, location of the position, department and position status from which laid off.

      8.   A laid-off employee who receives a recall offer consistent with the employee's designated conditions of availability must accept that offer or lose all layoff rights except an employee who accepts recall to the lower classes of the three job classes in a job class series retains layoff rights to the higher level position.

      9.   For any recall from layoff that entails a change of duty station, the employee may be responsible for any travel or moving expenses incurred, at the discretion of the appointing authority.

B.         Applications for job classes other than that from which laid off.

      1.   For purposes of applying for other job classes, a probationary or permanent employee in layoff status will be treated as if still working, and may apply for any position.

a.   An employee may request to be treated as a rehire for lower level jobs in the same class series in the same manner as a current employee.

b.   A laid-off employee may request to be treated as a transfer for a parallel job class with the advance approval of the Director of the Division of Personnel & Labor Relations.

c.   In all cases a laid-off employee will be listed as a member of the bargaining unit.

d.   Applications will not be accepted for job classes from which an employee resigned in lieu of dismissal and was not recommended for rehire in the classification. 

e.   Employees laid off from single position organizational units will be considered to have rehire rights to job classes in the Supervisory Unit:

      1.   That are parallel or closely related to the job class from which laid off, as these are determined by the Director of the Division of Personnel & Labor Relations.  Requests for determination must be submitted to the Director in writing through the Division of Personnel & Labor Relations Classifications Manager of the employing department no later than thirty (30) days after written notice of layoff, or on the effective date of layoff, whichever is later.  Rehire rights will extend for two (2) years following the Director's determination that the subject job classes are closely related or parallel; or,

      2.   In which previously employed, provided that the Employee had maintained a mid-acceptable level of performance in the prior job class.  In order to be placed on the rehire list for job classes in which previously employed, the Employee must request placement prior to the effective date of layoff through written request to the Division of Personnel & Labor Relations Classifications Manager of the employing department.  Rehire rights will extend for two years following the effective date of the layoff.

C.        Special Recruitment Procedures Under Severe Reductions in Force

      1.   On a monthly basis, as provided by Article 9.8, the State will certify the number of Bargaining Unit Members in layoff status.  If during the surveyed month, reductions in force have generated a group of employees in layoff status equal to 0.75% of the total number of positions in the bargaining unit the State will close open recruitment for the following three months.

      2.   Closure of open recruitment will be implemented as follows:

a.   All positions in the bargaining unit that are not filled by individuals in layoff status returning to positions in their job class series, will be recruited through the State Recruitment System currently known as Workplace Alaska (WPA).

b.   Bargaining unit Positions on WPA will be listed for a minimum of 5 work days.

c.   All positions listed in WPA will specifically include the minimum required qualifications and the essential functions required to be performed.

d.   WPA will accept applications from all interested parties following normal procedures.

e.   During the 5 work day period, only those applications submitted by employees in layoff status will be made available for consideration to the hiring manager.

f.    The hiring manager must select an applicant from the pool or certify that no one in the pool meets the minimum qualifications and can perform the essential functions of the position.

g.   If the hiring manager determines that there are no qualified applicants in the pool, the applications from individuals who are not in layoff status will be made available to the hiring authority for review.

h.   Determinations on meeting the minimum qualifications and performing the essential functions of the position will be at the discretion of the Employer and can only be redressed through the complaint procedure contained in Article 10.1 of this Agreement.

D.        Medical Leave Bank and Health Benefits

      1.   Return from layoff anytime within the three (3) year period restores the employee's entire medical leave bank balance.

      2.   The Employer will provide an additional thirty (30) calendar days of health insurance coverage for laid-off employees commencing with the first day of layoff status.

3.   A laid-off employee may pay the State's insurance coverage for a period of three (3) years while not employed.

17.6 Return of a Laid-Off Employee XE "layoff:return" .

tc "17.6 - Return of a Laid-Off Employee" \f C \l 2xe "layoff:return"An employee who has accepted a position for an interim period at a lower salary range than that from which laid off, who is then returned to the salary range from which laid off, is entitled to a step placement based on creditable State service or such higher step as approved in advance by the Director of the Division of Personnel & Labor Relations.

17.7 Duration of Eligibility. 

Layoff:  Three (3) years from the date of layoff from the classification in which the employee earned layoff rights.  However, eligibility will end when the employee applies for and is appointed to retirement.

17.8 Termination of Layoff Rights. 

Termination of an employee’s layoff rights will occur when:

A.         Employee declines an offer of re-appointment for any reason without regard to the conditions set forth in their “Conditions of Layoff” form.

            Whenever a Bargaining Unit Member submits a statement restricting the conditions under which the Bargaining Unit Member will be available for employment, the name will be withheld from all certifications that do not meet the conditions specified.  A Bargaining Unit Member may file a written statement at any time during the duration of eligibility modifying a prior statement as to conditions under which the Bargaining Unit Member will be available for employment.  No such change will be made without prior written notice to the Director of the Division of Personnel.

B.         If the employee is appointed to a job class at the same or higher job class from which layoff occurred.

C.        The employee files application for PERS retirement contribution refund.

D.        If the employee fails to respond to a written recall notice within the specified timeframes.

E.         If the employee fails to promptly notify the State in writing with changes to their contact information.  For this purpose the return of a letter by the postal authorities, if properly addressed to the last address of record, is sufficient grounds for termination of layoff rights.

ARTICLE 18 - Recruitment XE "recruitment:lists"

18.1 Lists.

A.         The Director of the Division of Personnel & Labor Relations or any person to whom the Director has delegated this authority will establish and maintain the following lists for use in the Supervisory bargaining unit and they will be defined as: 

      1.   A Llayoff lists areis defined as a lists of all permanent and probationary employees in layoff status in a job class or job classification series who have expressed a willingness to work in the location and department or agency where the a vacancy exists.  Separate layoff lists exist for each organizational unit, each department, and for all agencies statewide. 

      2.   Promotional Lists:  Lists of all permanent employees who have applied for a recruitment under the State’s recruitment system, met all prerequisites and have passed all tests of fitness required by the Employer for consideration to be appointed in the job class.   Lists may be departmental or interdepartmental.  Any Bargaining Unit Member may refuse a promotion to a higher grade or range. 

      3.   Open-Competitive Lists: Lists of all candidates who have applied for recruitment under the State’s recruitment system, met all prerequisites and have passed all tests of fitness required by the Employer for consideration to be appointed in a job class.

B.         Transfers and rehires:  Employees may apply for transfer or rehire using the State’s recruitment system.  Rehire rights are defined in section 18.058 of this Agreement. 

C.        Employees in the bargaining unit who have permanent status, veteran’s status, or qualify as an underutilized candidate will appear on eligible lists with their status clearly marked. 

D.        Promotional lists and open-competitive lists will be open for inspection by an APEA/AFT representative.  Confidentiality of information regarding non-Bargaining Unit Members will be respected and such information will not be open for inspection. 

18.2 Application of Lists.

A.         Should the appointing authority choose to work a departmental or interdepartmental promotional list, first consideration and an opportunity to interview will be given to a minimum of five (5) employees in the bargaining unit who hold permanent status, provided at least five (5) employees have met the minimum qualifications and are eligible for consideration.

B.         Should the appointing authority choose to work the open-competitive list, first consideration and an opportunity to interview will be given to a minimum of five (5) employees in the bargaining unit who hold permanent status, provided at least five (5) employees have met the minimum qualifications and are eligible for consideration.

C.        Interim and Experimental Procedures.  Notwithstanding the provisions of this Article, the parties agree that the Director of the Division of Personnel & Labor Relations may authorize and establish the use of interim and experimental selection and hiring procedures or devices if the Director determines that the use of those procedures or devices is in the best interest of the State, and the "Hiring Practices and Procedures Labor Management Committee" agrees with their use.  At least forty-five (45) days prior to implementation, the Director will notify the APEA/AFT of the proposed interim or experimental procedures and devices.

            Large scale changes affecting a substantial number of positions or job classes in the bargaining unit may require the negotiation of a letter of agreement addressing mandatory subjects of bargaining.

18.3 Subfills. XE "subfills"

This Section applies to subfills as defined in Article 1.2.P5.

A.         Any employee who is given a subfill appointment, subsequent to the signing of this Agreement, in a higher range than the employee's own will receive full credit for the time served in the form of a report to be placed in the employee's personnel file.  An employee as provided above who subfills a position in a higher range than the employee's own, and performs the duties of the higher range will, commencing with the second (2nd) day, be paid at the rate of the higher range.  The Employer agrees that, upon request by an APEA/AFT representative, the Employer will open a position currently being subfilled to competitive selection from among qualified applicants.

B.         Any employee who receives a subfill appointment will be advised in writing as to the conditions of the subfill appointment. 

18.4 Transfer XE "transfer" .

A.         An employee, except a provisional employee, may request a transfer by applying for a position, in the same class or a parallel job class, through the State’s recruitment system. The hiring authority may effect the hire of a transferee without soliciting or accepting applications or considering other applicants.

B.         The status, step placement and all accrued employee benefits of a transferred employee will remain unchanged and the length of service with the State will remain unbroken. 

C.        A transfer to be effected for the "Good of the Service" without the voluntary consent of the employee must be approved by the Director of the Division of Personnel & Labor Relations.  For purposes of this Section any movement within an agency that entails neither a change in job class nor a change of location outside the local geographic area will not be considered a transfer. 

D.        For purposes of this Section, an employee's request for transfer does not necessitate the approval of the employee's supervisor; and an employee's supervisor cannot have an employee's name removed from the eligible list as a transfer.

E.         An employee may be appointed to a job class at the same range as the employee currently holds in which the classes are not parallel by applying through the State’s recruitment system and being selected for the position.  Such action will not be considered a transfer for purposes of this Section.  An employee accepting such appointment will remain at the same step in the range and all accrued employee benefits will remain unchanged and the length of service with the State will remain unbroken, except that the employee will serve a new probationary period and have a new anniversary date. 

            The parties agree that an employee with permanent status who accepts such an appointment may not be dismissed from State service without rights of appeal through arbitration.

18.5 Rehire XE "rehire" .

A.         A current employee who separated from a job class in good standing while holding a permanent or probationary appointment may be appointed in the same class of position by applying for the position through the State’s recruitment system and being selected by the appointing authority without consideration of other applicants, provided such reappointment takes place within two (2) years from the employee's date of separation from the job class. 

B.         A current employee who separated from a job class in good standing while holding a permanent or probationary appointment may be appointed in the same classification without soliciting or accepting applications or considering other applicants, provided such reappointment takes place within two (2) years from the employee's date of separation from the job class.  Upon advance approval of the Director of the Division of Personnel & Labor Relations this right may be applied for in positions in a parallel class or a lower class in the same series provided such reappointment takes place within two (2) years from the employee’s date of separation from the job class series or parallel job class.

C.        Employees who separated from State service in good standing may request to have their names placed as unranked eligibles on certifications for parallel classes, the same class or lower classes in the series.

D.        This provision will not apply to retirees who are eligible to be rehired pursuant to HB 161, in those instances, the position will be filled through the competitive process.

18.6 Probationary Period. XE "probationary period"

The probationary period will be regarded as a part of the examination process that will be utilized for closely observing the employee's work and adjustment to the position.  Employees who, in the judgment of the Employer, have satisfactorily passed the probationary period will be retained and given permanent status in the job class at the end of this applicable probationary period.  Employees who, in the judgment of the Employer, have not or will not satisfactorily pass the probationary period will not be retained in the job class.   The fact that an evaluation may be late will not delay the transition from probationary to permanent status.

A.         Duration XE "probationary period:duration" : The probationary period for employees at range 13 and below will be six (6) months.

            Employees in ranges 5 through 13 who, in the judgment of the Employer, have satisfied the requirements for completion of the probationary period may, with the written approval of their division Director, be made permanent on the sixteenth (16th) day of any monthfirst day of the pay period following completion of three (3) months of probationary service.

            The Employer may, after written mutual agreement with the employee, extend the probationary period of an employee in ranges 5 through 13 for a period not to exceed three (3) months.

            The probationary period for employees at range 14 and above will be twelve (12) months.

            Employees at range 14 and above who, in the judgment of the Employer, have satisfied the requirements for completion of their probation may, at the discretion of the Employer, be made permanent on the sixteenth (16th) day of any monthfirst day of the pay period following six (6) months of probationary service. 

B.         An employee who is promoted prior to the completion of a probationary period to a higher level position in the same class series shall be granted probationary credit for actual time worked in the lower position. Upon successful completion of probation in the higher position, the employee shall be considered as having permanent status in the lower classification. If such an employee is notified of failure to complete the probationary period in the higher classification, the employee shall be returned to a vacant position in the classification which the employee left.  In the absence of a vacant position that the Employer intends to fill, the employee will be placed in layoff status with rights of laid-off employees under Article 17.5.

C.        Upon promotion, upon rehire or upon appointment to a position at the same or lower salary range that is in a different class series and is not parallel, an employee will serve a new probationary period and establish a new anniversary date. 

D.        Employees returning from layoff to the same job class or lower job class in the same class series will not be subject to the probationary period except to complete any incomplete probationary period. 

18.7 Permanent Appointments XE "permanent appointments" .

Permanent status in State service will be attained with satisfactory completion of the initial probationary period. 

There will be a probationary period except as otherwise provided in the Agreement.  Permanent status in the job class will be obtained on the day following the satisfactory completion of the probationary period unless an employee has been, in accordance with other provisions of this Agreement: 

A.         Separated;

B.         Demoted during the probationary period;

C.        Extended in the probationary period;

D.        Notified in writing by the appointing authority prior to the completion of the probationary period that the employee will not successfully complete the probationary period.  In such cases, an employee may, at the discretion of the appointing authority, continue in the position not to exceed ten (10) working days past what would have been the end of the probationary period.  Employees retained longer than the ten (10) working days past the end of the probationary period will be considered to have attained permanent status.  Every effort will be made to notify the employee that the probationary period will not be successfully completed at least fourteen (14) calendar days prior to its expiration.  Whatever the reason, failure to give fourteen (14) calendar days notice does not mean that the employee gains permanent status thereby. 

An employee holding permanent status in a job class at the time of promotion will, upon promotion, retain permanent status in State service and the job class in which permanent status is held.

18.8 Resignation XE "resignation"  and Demotion XE "demotion" .

A.         Resignation

      1.   Resignation from State Service

      An employee may resign from the State by presenting the resignation in writing to the employee's supervisor outside the bargaining unit.  To resign in good standing the employee must give the supervisor at least fourteen (14) calendarten (10) working days notice.  After such resignation has been presented it may be withdrawn only by mutual agreement of the parties. 

      2.   Resignation from a Position

      An employee may resign from a position to accept appointment to another position in the classified service by submitting written notice to the employee's supervisor outside the bargaining unit.  An employee may withdraw such resignation at any time prior to its effective date unless an appointment to the position has been made. 

B.         Demotion

      1.   Involuntary Demotion XE "demotion:involuntary"

a.   An appointing authority may demote an employee holding permanent status in the job class from which demoted only for just cause.  The demoted employee will be furnished with a statement in writing setting forth reasons for the demotion.  

b.   An employee holding permanent status in State service but serving a new probationary period in another class may be demoted after notice of unsatisfactory performance without right of appeal of the demotion.  In the absence of a vacant position that the Employer intends to fill in the previous classification, the employee will be placed in layoff status with the rights of laid-off employees under Article 17.5.

      If the employee is dismissed from State service rather than demoted, the employee may appeal only the dismissal from the position in which they held permanent status.  The appeal would follow the grievance procedure outlined in Article 10.

      Every effort will be made to notify the employee that the probationary period will not be successfully completed at least fourteen (14) calendarten (10) working days prior to its expiration. Whatever the reason, failure to give fourteen (14) calendarten (10) working days notice does not mean that the employee gains permanent status thereby.

      2.   Voluntary Demotion XE "demotion:voluntary"

a.   An employee holding permanent status in a class may request a voluntary demotion to a lower class in the same class series and will retain permanent status in the lower class.  Prior to making an appointment to a position in a lower class not in the same class series the appointing authority may ask the Director of the Division of Personnel & Labor Relations to determine if the lower class is closely related and can be considered the same class series.

b.   An appointment to a lower class not in the same or closely related class series will not be regarded as a voluntary demotion.  An employee will be selected from a certification and will be subject to the applicable probationary period in the lower class and will have a new merit anniversary date established. 

      3.   Demotion Through Reclassification XE "demotion:reclassification"

      An employee whose position is reallocated downward and receives a demotion as a result thereof will be paid in accordance with 24.8 and the employee's status will remain unchanged. 

      4.   Demotion in Lieu of Layoff XE "demotion:in lieu of layoff"

      An employee who accepts a demotion in lieu of layoff will be subject to the provisions of 18.8.B.2. 

18.9 Performance Evaluations. XE "performance evaluations"

A.         Employees in the bargaining unit on probationary status will receive written performance evaluations midway through and at the completion of the probationary period.

B.         Evaluations will become due fifteen (15) calendar days prior to the merit anniversary date, the mid-probationary period, and upon completion of probation, and the Employer will make every effort to see that the evaluations are received in a timely manner.  In the event the evaluation has not been received within sixty (60) calendar days of when it was due, the Bargaining Unit Member will receive a written explanation from the division Director stating the reasons for the lateness. 

C.        It will be the responsibility of the Employer to provide for uniformity of the application of standards by different rating officers by providing training and a "Rater's Guide" to supervisors who have the responsibility of evaluating Bargaining Unit Members. 

D.        The evaluation will be reviewed by the rater with the employee.  Employees will not be required to complete the Performance Evaluation Report that is processed. 

E.         Nothing in this article will prohibit the State from providing a permanent employee a performance evaluation.  Permanent employees may request a written performance evaluation at reasonable intervals. 

F.         Nonpermanent employees in the bargaining unit employed for more than thirty (30) consecutive days will receive a written evaluation that will be reviewed by the rater with      the nonpermanent employee.  The evaluation is to become part of the nonpermanent employee's records. 

G.        Any Bargaining Unit Member who is dissatisfied with a written evaluation may, prior to the finalization of that evaluation, make a written rebuttal that will become a part of the official personnel record.  Personnel evaluations will be placed in the Bargaining Unit Member's personnel file. 

ARTICLE 19 - Positions, Classifications and Reclassifications

It is the obligation of the Employer to establish and maintain a classification system and a pay plan.  The pay plan will include the principle of like pay for like work.  All positions subject to this Agreement will be classified on the basis of job duties and responsibilities.  The procedures outlined in this Article will be the only method of settling any dispute concerning substantive classification matters.

19.1 Review of Individual Positions.

An employee may obtain a review of the classification XE "classification"  of his/her position in the following manner:

The Union will submit a request for review to the Director of the Division of Personnel. The request for review will include an electronic statement of duties provided on forms obtained from the Division of Personnel web site. The employee will complete the statement of duties describing the duties and responsibilities performed.

The Division of Personnel will review the employee’s duty description with the department as part of a position analysis. A final position description  XE "position description" will be completed to reflect the actual duties assigned and performed. The completed PD will be reviewed in conjunction with existing class specification for proper request, the Director Personnel will render a decision and notify both the department and the Union.

No more than one (1) request may be processed for a position under this Article in any twelve (12) month period unless substantial changes in duties have occurred.

If an individual is reclassified through the application of this Article, the employee may be granted early permanent status, subject to the provisions of the Collective Bargaining Agreement.

If the Director of the Division of Personnel determines that the position should be upgraded but funds are not available the employing department will immediately restrict the duties to be consistent with the classification at the funded level.

In the event that a position is determined to be reclassified to a higher range, the effective date of the reclassification will be sixty (60) days prior to the filing of an appeal under this section or the date a PDQ was submitted by the Employee requesting the reclassification  XE "reclassification" whichever is shorter.

19.2 Class or Class Series Studies.

A.         APEA/AFT may request in writing from the Manager of Classification, Division of Personnel, copies of documents that show the basis on which a class or class series XE "classification:class series"  was established and the basis for the salary range assignment.  The Manager of Classification will promptly provide APEA/AFT with the requested information.

B.         When in the opinion of APEA/AFT, inequities exist in class series, between classes or the salary ranges assigned to such series, APEA/AFT may submit a written request to the Manager of Classification for a study of the series and/or salaries.  The request will contain, to the extent known to APEA/AFT, documented information regarding duties and/or salaries that would justify a study.  The Manager of Classification will meet with APEA/AFT within ten (10) working days from receipt of such a request so that the parties can discuss the potential scope and timetable for a study.  The Manager of Classification will then establish the scope and timetable for the study.  APEA/AFT will be permitted access to and copies of all documents, surveys, and findings resulting from the study, except for information secured from parties in confidence, such as salary rates for a private firm or the collective bargaining plans of a public employer.  An APEA/AFT representative may be present during any desk audits that may be performed in connection with such a study. A decision to perform a class study will not be unreasonably denied.

C.        APEA/AFT may appeal XE "classification:appeal"  in writing the findings of the Manager of Classification to the Director of the Division of Personnel within ten (10) working days.  The Director of the Division of Personnel will render a decision within thirty (30) working days

D.        APEA/AFT may request not more than three (3) studies of significant substance under B. above in any twelve (12) month period.  No more than one (1) request may be processed for the same class or class series during the term of the Agreement.

19.3 Access to Position Descriptions.

tc "19.3 - Access to Job Descriptions" \f C \l 2Upon request, each Bargaining Unit Member will promptly be given a copy of their position description.

19.4 Reclassification.

tc "19.4 - Reclassification" \f C \l 2xe "classification:reclassification"When a position is reclassified upward the senior Bargaining Unit Member with recall rights to the position will be certified unless the incumbent of the position to be reclassed was performing the duties of the new position prior to the date of the layoff of the member with recall rights to the job class.

ARTICLE 20 - Educational Advancement and Training

A.         The Employer, under this Agreement, recognizes the respective career disciplines that exist within this bargaining unit and the employees' desire to keep current in their fields as well as further their career levels and capabilities.  The Employer recognizes its responsibilities to employees for maintenance and development within their areas of expertise or job orientation through Employer-sponsored educational opportunities.  To this end and subject to available funds, the Employer will evaluate each employee's trainingxe "training" needs in the annual performance evaluation and encourage all employees to participate in identified job related training.  Reimbursement for all or part of the costs incurred may be obtained, provided that such career improvement training or education is job related, has prior approval of the Employer, and fiscal resources are available.  Career improvement training or educational opportunity of less than ten (10) working days duration approved by the Employer, will normally be at no loss of leave or pay.  Courses extending more than ten (10) working days are subject to cooperative Employer-employee financial and leave arrangements, including the retention of accrued leave when approved by the Employer.

B.         On-the-job XE "training:on-the-job"  training XE "training"  and cross training XE "training:cross-training"  will be encouraged whenever practicable.  Assignment of training opportunities will be made as equitably as possible within fiscal and staff limitations. 

C.        The Employer agrees to designate a resource person from each department who will be available for employee contacts regarding current job training opportunities.  APEA/AFT will be provided with a list of those designated as resource persons. 

D.        The Employer, to encourage employees to seek additional education and/or specialized training XE "training:specialized" , agrees that when and wherever operationally practicable the Employer will continue to make necessary adjustments to the employee's shift schedules to permit attendance for educational pursuits.

E.         The Employer will encourage and may provide work time at least two (2) employees at each work site to be trained in First Aid and CPR.

F.         Upon application for other State classifications, employees may receive credit for attending job related State-sponsored training XE "training:state-sponsored training" .

G.        The parties will meet and confer on methods for ensuring that all supervisors have access to training sponsored by the Supervisory Training Program XE "training:supervisory training program"  Labor-Management Committee.

H.        Union-sponsored training  XE "training:union-sponsored training" will be considered as hours of work towards fulfillment of the workweek defined in Article 25.1, but will not count toward overtime premium pay for those eligible employees. Such training will be approved by the supervisor after determining that the training is work-related.

I.          Supervisory Training Committee XE "training:supervisory training committee" . This Committee will have an annual budget of $50,000 to provide training to Bargaining Unit Members, subject to legislative funding. Such training will be recommended by the Committee and is subject to approval by the Commissioner of Administration. Funds are intended to be used to provide training in-state and will not be used for out-of-state travel.

ARTICLE 21 - Examination of Records XE "records"

21.1 Member Review. XE "records:member review"

tc "21.1 - Member Review" \f C \l 2A Bargaining Unit Member will have the right to examinexe "examination of records" his or her personnel files.  Reasonable requests for copies of material contained in personnel files will be honored.  Upon written request to the division Director, derogatory material may be removed after two (2) years.  In the event the requested material is not removed, the Bargaining Unit Member will be informed in writing of the reasons why and the conditions necessary for its removal.  Denials of requests made pursuant to this Section are not subject to the complaint-grievance-arbitration procedure provided for in Article 10.

21.2 APEA/AFT Review. XE "records:APEA/AFT review"

tc "21.2 - APEA/AFT Review" \f C \l 2The APEA /AFT Representatives, with the Bargaining Unit Member's written permission, will have the right to examine the Bargaining Unit Member's personnel file upon notification to the Employer.  The Employer will make available original or copies of the original records for examination by the APEA/AFT Representative at the place where the records are kept.

21.3 Secret Files XE "records:secret files" .

tc "21.3 - Secret Files" \f C \l 2No secret files will be kept on any employee or nonpermanent.

ARTICLE 22 - Emergency Personnel XE "emergency personnel"

It is understood that from time to time the Employer has a need to place emergency personnel on the payroll.  Emergency personnel are those in pay status for no more than thirty (30) calendar days in any emergency situation.  It is agreed that emergency personnel are not members of the bargaining unit and are therefore not covered under the terms of this Agreement.

Further, it is agreed that Personnel Rule 2 AAC 07.190, Emergency Appointments XE "emergency personnel:appointments and hires"  will continue in full force and effect.

The Employer agrees that emergency hires will not be made to circumvent the  State’s normal hiring processes, to delay the return of seasonal employees, or otherwise displace a Bargaining Unit Member.

Emergency personnel as defined in this Article will appear on the monthly personnel listings of all Supervisory employees as provided for in this Agreement.  Such listing will designate by code which employees are emergency personnel for that period of such listing. 

ARTICLE 23 - Supervisory Responsibilities

23.1 Contract Administration.

It will be the responsibility of each Bargaining Unit Member, to the extent assigned to do so, to administer the collective bargaining agreements between the State of Alaska and subordinate members of bargaining units in a manner consistent with policies, interpretations and guidelines established by the Employer.  Failure of a Bargaining Unit Member to properly exercise assigned supervisory responsibilities will be grounds for disciplinary action. 

23.2 Privileged Information.

Security of confidential and privileged information is a requirement of satisfactory performance of supervisory duties and responsibilities.

ARTICLE 24 - Wages

24.1 Wages XE "wages" .

1.   Effective July 1, 2010, the wage scales in effect on July 1, 2009, will increase by 2%.  The wages in effect on July 1, 2009 are noted in the Division of Finance Web site.

2.   Effective July 1, 2011, the wage scales in effect on July 1, 2010, will increase by 2%.

3.   Effective July 1, 2012, the wage scales in effect on July 1, 2011, will increase by 2%.

NOTE:  Wage tables (Overtime ineligible and Overtime eligible) can be found at the Division of Finance website:

                                                http://fin.admin.state.ak.us/dof/payroll/index.jsp

24.2 Service StepsPay Increments XE "service steps"

Pay increments, computed at the rate of 3.75% of the employee’s base salary, shall be provided after the employee has remained in the final steps within the given range for two years, and every two years thereafter, if, at the time the employee becomes eligible for the increment, the employee’s current annual rating by the employee’s supervisor is designated as “acceptable or better.”

If a pay increment is delayed due to an untimely performance evaluation, upon receipt of the evaluation with an annual rating of “acceptable or better”, the pay increment will be granted retroactive to the employee’s pay increment anniversary date (i.e., the date on which the employee had served two years in either the final merit step or the previous pay increment).

(Note:  change reflects Article 24.2 amendment in LOA 09-SS-037 dated 11/4/08)

An employee who has served two years at Step F will advance to Step J.

            An employee who has served two years at Step J will advance to Step K.

            An employee who has served three years at Step K will advance to Step L.

            An employee who has served two years at Step L will advance to Step M.

            An employee who has served four years at Step M will advance to step N.

24.3 Geographic Differentials XE "differentials"

 XE "differentials:geographic" The following pay differentials are approved as an amendment to the basic pay plan provided for in Section 24.1.

Illustrative Place Names                                 House Election            Percentage Above

and Duty Stations                                            Districts                       Basic Pay Plan

Ketchikan                                                                    1                                 

Wrangell/Petersburg                                                   2                                 

Sitka                                                                            3                                 

Juneau                                                                        4                                 

Haines/Skagway/Yakutat                                            5                                  5.0%

Cordova/Valdez/Glennallen                                        6                                11.0%

Palmer/Wasilla                                                            7                                 

Anchorage                                                                   8                                 

Seward                                                                        9                                 

Kenai/Cook Inlet                                                          10                               

Kodiak                                                                         11                                9.0%

Aleutian Island                                                12                                27.0%

Bristol Bay                                                                   13                                27.0%

Bethel                                                                          14                                38.0%

Yukon/Kuskokwim                                                       15A                              30.0%

Nenana                                                                       15B                              20.0%

Fairbanks                                                                    16A                              4.0%

(South of Arctic Circle)                                                                                   

Delta (Duty Station)                                                     16B                              16.0%

Tok (Duty Station)                                                       16B                              16.0%

Fort Yukon                                                                  16C                             42.0%

(North of Arctic Circle)                                                                        

Barrow/Kobuk                                                             17                                42.0%

Nome                                                                          18                                34.0%

Wade-Hampton                                                           19                                30.0%

Seattle/Tacoma                                                                                               -13.0%

The Election Districts used are those designated by the Proclamation of Reapportionment Redistricting of December 7, 1961, and retained for the House of Representatives by proclamation of the Governor on September 2, 1965.

In the event that a Bargaining Unit Member’s duty station is not included in the above table, the Director of the Division of Personnel & Labor Relations shall determine the appropriate geographic differential for that member. 

Where a Bargaining Unit Member’s geographic differential is lowered during the term of the Agreement, the salary of the affected Bargaining Unit Member will be frozen for so long as they remain at their current duty station or until salary increases or changes in the Bargaining Unit Member’s position result in the member receiving a higher salary than the frozen amount. 

A.         In those instances where a geographic differential was lowered effective January 1, 1987, the salaries of affected Bargaining Unit Members except in the case of a demotion, will be frozen for so long as they remain in their current geographic differential area, or until salary increases or changes in the Bargaining Unit Member's position result in the member receiving a higher salary than the frozen amount.  In the case of a demotion, the member's geographic differential will be frozen at the rate in effect prior to implementation of the study. 

B.         In the event AS 39.27.020 “Pay step differentials by election district and in other states” is amended, modified or abolished, the provisions of AS 39.27 regarding pay step differentials as so amended, modified or abolished will replace Article 24.3 Geographic Differentials on the effective date of the changes with the following exceptions.

            In those instances in which the geographic differential of a current Bargaining Unit Member is lowered by incorporation of the provisions of AS 39.27 under this section, the salaries of affected Bargaining Unit Members (except in cases of demotion) will be frozen for the life of the Agreement so long as they remain in their current geographic differential area, or until salary increases or changes in the Bargaining Unit Member’s position result in the Member receiving a higher salary than the frozen amount.  In the case of a demotion, the Member’s geographic differential will be frozen for the life of the Agreement at the rate in effect prior to incorporation of the provisions of AS 39.27 into this Agreement.

C.        Effective July 1, 2007, when a subordinate employee in the same geographic location as their supervisor is paid a geographic differential, other than statutory Alaska residency differential provided pursuant to AS 23.240.210 (a), the geographic differential specified in the subordinate’s collective bargaining agreement shall be applied to the supervisor.

D.        Effective July 1, 2008, employees whose duty station is Spring Creek Correctional Center (SCCC) and who supervise a member of the Alaska Correctional Officers Association (ACOA) shall, upon the completion of one (1) consecutive year worked, be paid the equivalent of one (1) step above the earned step on the applicable salary schedule.

            Employees whose duty station is SCCC and who supervise a member of the ACOA shall, upon the completion of two (2) consecutive years worked, be paid the equivalent of two (2) steps above the earned step on the applicable salary schedule.  Employees who have earned placement at the final step in the range shall receive the equivalent of the appropriate step increase established above.

            Employees who are reclassified or accept a promotion, demotion, or other personnel action that results in a change of position shall be returned to the earned step prior to determining step placement in the new classification or position.

24.4 Swing and Graveyard Shift Differentials XE "differentials:swing and graveyard shift" .

A.         All Bargaining Unit Members who work a "swing" shift beginning between 12:00 noon and 7:59 p.m. are entitled to a 3.75 percent increase over their basic salary as established by this Article for all hours worked in each such shift. 

B.         All Bargaining Unit Members who work a "graveyard" shift beginning between 8:00 p.m. and 5:59 a.m. are entitled to a 7.5 percent increase over their basic salary as established by this Article for all hours so worked in each such shift. 

C.        All Bargaining Unit Members who work a shift originally assigned to another Bargaining Unit Member will be paid the appropriate shift differential that the other Bargaining Unit Member would have been paid.

D.        Except in emergencies, a Bargaining Unit Member's shift will not be changed without at least five (5) working days notice prior to the effective date of the change. 

24.5 Weekend Differential Pay for Nurses.

Effective July 1, 2008, overtime eligible Class One Nurses working in institutions with continuous operations shall be paid a premium of one dollar ($1.00) per hour for each hour worked on the calendar days of Saturday and Sunday.  Any partial hour worked shall be in fifteen (15) minute increments.  The Employer shall include this type of differential pay in the computation of overtime.

Overtime ineligible Class One Nurses working in institutions with continuous operations shall receive this differential only when scheduled to work on the calendar days of Saturday and Sunday and these days fall within their normal 37.5 hour workweek.

24.6 Hazard Pay XE "wages:hazard pay" .

A.         Effective the date this Agreement is signed, all Bargaining Unit Members who are required to work under dangerous conditions will receive hazard pay of 7.5 percent in four (4) hour increments so worked. 

            Dangerous conditions will be defined as working at heights more than twenty-five (25) feet above the ground on towers, bridgework or antennas and handling explosives so designated by the Employer, transportation by and working under a helicopter, working from low-altitude, light fixed-wing aircraft (except pilots) and underwater divings. 

B.         Effective July 1, 1984, employees not covered by the Peace Officers' Retirement System whose duties necessitate a significant amount of field work, travel, or exposure to hazardous working conditions will receive hazard pay on an hour-for-hour basis except when performing any duty that may be enumerated in paragraph 24.5.A.

            The parties understand and agree that this is intended to apply to those positions that would have qualified under the standards found at 2 AAC 30.010 as published in Register 81, April 1982.

24.7 Hourly Wages XE "wages:hourly" .

A.         Hourly rates may be computed from the semi-monthly rates established in Section 24.1.A and may be paid accordingly.  Hourly rates will be computed by the following formula:

            Hourly Rate: (Semi-monthly rate x 24) / (No. of hours per workweek x 52)

B.         Should the Employer institute a statewide biweekly pay period the salaries in Section 24.1.A will be computed by the following formula:

            Biweekly Rate: Hourly rate x 75.

24.8 General Pay Administration XE "general pay administration" .

A.         Beginning Salary:  XE "general pay administration:beginning salary" The minimum rate of pay in the assigned salary range for a class will normally be paid upon initial appointment or hire.  Any exception in the bargaining unit will require the prior approval of the Director of the Division of Personnel.  All exceptions will be based on the following:

      1.   Advance step pay  XE "general pay administration:advance step pay" because of the exceptional qualifications of the appointee.

      2.   Advance step pay in classes specifically designated in writing by the Director of the Division of Personnel as being classes where recruitment is exceedingly difficult.

B.         Rehire Employees: XE "general pay administration:rehire employees"  If a current employee, eligible for rehire, is reappointed to a class or to a parallel class with prior approval of the Director of the Division of Personnel under Section 18.8 in which the employee previously held permanent or probationary status, the appointing authority may make the appointment at the same step in the salary range for the class that the employee occupied before separation, provided that the rehire occurs within a period of two (2) years.  If appointed above the beginning step of the range, the employee's merit anniversary date will be the sixteenth (16th) of the month following completion of one (1) year of service after rehire.

            Pursuant to Section 18.8, if a current employee is rehired with prior approval of the Director of the Division of Personnel in a lower class in the same class series, the employee may be paid at the step in the range of the lower class of positions that best reflects the earned step based on creditable State service or at such other step approved in advance by the Director of the Division of Personnel.

C.        Promoted Employees: XE "general pay administration:promoted employees"

      1.   An employee who has served one-half (1/2) or more of the time required to be considered for the next step increase will, upon promotion to a position in a higher salary range in the bargaining unit, be placed at Step A of the higher range or such other step as will provide an increase of three (3) steps, whichever is greater.

      2.   An employee who has served less than one-half (1/2) of the time required to be considered for their next step increase will, upon promotion to a new position in a higher salary range in the bargaining unit, be placed at Step A of the higher range or such other step as will provide an increase of two (2) steps, whichever is greater.

      3.   If a Bargaining Unit Member in frozen pay status is promoted to a higher job class, the promotion will result in, at a minimum, a one (1) step real increase in compensation.

      4.   A promoted employee entering the new range at a service step will be treated as if that increment had been earned in the new range and granted further increments accordingly.

      5.   The promoted employee's entitlement to a two (2) step or three (3) step increase upon promotion will be determined in accordance with Sections 24.7.C.1 and C.2.  The step on the salary schedule that represents a two (2) or three (3) step increase, as appropriate, will be located on the promoted employee's former salary schedule.   The employee will enter the new range at that step on the Supervisory schedule.  When there is no match, the employee will be placed at the next higher step on the Supervisory schedule or at Step A, whichever is greater.  If Labor, Trades and Crafts, the following formula will be used to determine the step increase:  Hourly Wage x 81.25 = Semi-monthly Salary.  This salary will be matched to the closest step, but not less than the current wage under the LTC agreement, in the new range and then the rules outlined in Sections 24.7.C.1 and C.2 will be followed.

      6.   Acting in a Higher Range: XE "general pay administration:acting in a higher range"  Any employee assigned in writing by his or her supervisor the full duties of a specific position in a higher range than the employee's own for more than ten (10) consecutive working 15 calendar days will, retroactive to the first (1st) day, be paid at the step of the higher range that would be appropriate in case of promotion.  Upon commencement of full duties in the employee's regular position, the employee will return to the normal rate of pay. 

            After sixty (60) calendar days in such status, the Division of Personnel will be notified of the anticipated duration of the "acting" appointment. 

            It will not be a violation of this Agreement, nor cause for disciplinary action, should an employee decline to accept a prior written delegation of authority.  Employees will be informed of the likely length of a delegation of authority at the time it is offered.

            The parties agree and understand that employees assigned to act in a higher range pursuant to this section are entitled to leave benefits at the employee's normal rate of pay.

            NOTE: For purposes of this subsection, Step means both service steps and performance steps.

D.        Transferred Employee:  XE "general pay administration:transferred employee" An employee transferred from one (1) position to another position assigned to the same pay range and meeting the provisions of Section 18.10, will be appointed at the same step rate held prior to transfer and the employee's merit anniversary date will remain unchanged.  Those moving to a position at the same pay range but not considered as a transfer will have a new probationary period and merit anniversary date and the step in the range will remain unchanged.

E.

      1.   Demotions: XE "general pay administration:demotions"  An employee who is demoted for just cause will enter the new range at no less than the step occupied in the higher range or such higher step as may be determined by the Director of the Division of Personnel.

      2.   Voluntary Demotions:  An employee who receives a voluntary demotion will be paid at the step in the range of the lower class of positions that best reflects the earned step based on creditable State service, or at such higher step that may be determined by the Director of the Division of Personnel.  An employee who receives a voluntary demotion except through reclassification will continue to receive salary, performance and service step increases received by other employees. 

F.         Reallocation of Position or Class XE "general pay administration:reallocation of position or class"

      1.   The merit anniversary date and salary step assignment of an employee whose position is reallocated from one class to another class at the same salary range will remain unchanged.

      2.   An employee occupying a position that is assigned to a lower pay range or reallocated to a classification that carries a lower pay range and who continues in the same position will be treated as follows:

a.   If the employee's current salary is the same as any merit step in the new range, the employee will enter the new range at that step.

b.   If the employee's current salary falls within the lower range, but between merit steps, the employee's salary will remain frozen until that employee's next merit anniversary date at which time that employee will be placed at the next higher step.

c.   If the employee's current salary exceeds the maximum of the new range, it will remain frozen until it is the same as any step or falls between steps that appear on the salary schedule at the lower range, whichever is earlier.  Salaries that are frozen will not be subject to any salary increase including contractually negotiated adjustments or cost-of-living adjustments to the salary schedule.  Provided however, that for purposes of this paragraph employees whose positions are subject to a reallocation from one class to another may not be paid at a service step unless they have earned such step in the class occupied prior to the reallocation action or until said step is earned in the class to which the position was reallocated.  Time served at Step F or a service step of the higher range will be counted as time served at Step F or a service step of the lower range.

      3.   Reclassification

a.   If an employee is reclassified to a higher salary range based upon the work already being performed, the anniversary date and the step placement of the employee(s) in positions subject to the action will remain unchanged, unless the provisions of 24.8.C result in a higher increase, in which case the terms of 24.8.C will apply.  However, if the terms of 24.8.C do apply, the employee will receive a new merit anniversary date in accordance with the Collective Bargaining Agreement.

b.   If an employee is reclassified to a higher salary range based upon the work that they have not already been performing, their step placement will be determined in accordance with Article 24.5.C, General Pay Administration.

G.  Appointments to a Position in a Lower Job Classification Not in the Same, Parallel, or Closely-Related Class: An employee who is appointed to a position in a lower job classification not in the same, parallel or closely-related class series shall be paid at the step in the range of the lower class of positions that best reflects the earned step based on creditable State service.  The employee shall serve a new probationary period in the lower class and shall have a new merit anniversary date established.  This does not preclude an employee from receiving an advanced step placement based on creditable State service should the employee meet the established criteria.

24.9 Pay Procedures

A.         Frequency of Pay Day:  As soon as is feasible, payday shall be on a bi-weekly basis with direct deposit on Thursday or Friday.  Until such time, Ppay day will be the 15th and the last day of the month.  If pay day falls on Saturday, Sunday or a holiday, the last working day before such Saturday, Sunday or holiday will be pay day.  The parties recognize that conversion to the bi-weekly pay schedule may require a subsequent letter of agreement. 

B.         Method of Receiving Payment: XE "pay procedures:method"

      1.   Bargaining Unit Members will normally receive their pay at work.  Bargaining Unit Members who are not at work by reason of being on leave or by being on travel status for a period anticipated to be five (5) working days or less following payday will be considered to have been paid timely if they received their pay on their first day back to work after such payday.  In cases where anticipated leave or travel status exceed five (5) days it will be the responsibility of the Bargaining Unit Member to make alternate pay arrangements prior to departure.

      2.   Bargaining Unit Members may elect to have checks mailed to their homes or banks. Said election will be in writing by the Bargaining Unit Member.

      3.   Bargaining Unit Member s may elect to receive their pay via direct deposit to participating institutions.  Direct deposit will be requested and accomplished in accord with the procedures established by the Division of Finance, Department of Administration.

C.        Itemized Deductions: XE "pay procedures:itemized deductions"  The Employer will itemize all deductions on paychecks so Bargaining Unit Members can clearly determine the purposes for which amounts have been withheld.

D.        Pay Shortages XE "pay procedures:pay shortages"

      1.   The Employer will verify pay shortages exceeding twenty (20) dollars within five (5) working days following the receipt of a dated and written complaint by the Bargaining Unit Member.  In the event that a pay shortage is determined to exist, the Employer will issue payment for the shortage within ten (10) working days of the date of verification.  Verified pay shortages of less than twenty (20) dollars will be paid on the Bargaining Unit Member's next regularly scheduled paycheck.

      2.   Should the Employer go to a two (2) week pay system the following pay shortages system will be in effect:

a.   The Bargaining Unit Member will notify the Employer of the pay shortage in writing within two (2) working days.  The Employer will verify the pay shortage within three (3) working days from the time of notification.  In the event that a pay shortage is determined to exist, the Employer will correct the pay shortage on the next regularly scheduled paycheck.

b.   Should the Bargaining Unit Member not notify the Employer in writing as stipulated in 24.8.D.2.a the pay shortage procedure in 24.8.D.1 will be in effect.

E.         Termination Pay.  XE "pay procedures:terminiation of pay" When a Bargaining Unit Member is separated from State service, their wages, less terminal leave and retirement contributions, become due immediately and will be paid during business hours no later than the fourth working day after termination.  Personal leave becomes due and payable within thirty (30) days after separation from State service.  Personal leave will be calculated using the total number of accrued unused personal leave hours converted to the employee's hourly rate of pay on the date of separation. 

F.         Overpayments XE "pay procedures:overpayments"  discovered after one (1) year from the time the overpayment was made will be forgiven by the Employer, unless the overpayment was the result of fraud, deception, or the employee's negligence. 

G.        In the event a Bargaining Unit Member 's check is not received and a reissue request has been submitted by the Bargaining Unit Member, the Employer will issue the replacement check  XE "replacement check" within five (5) calendar days. 

24.10 Sea Duty. XE "sea duty"

A.         Definitions

      1.   "Sea Duty" in this Agreement means a period longer than twenty-four (24) hours during which a Bargaining Unit Member is engaged aboard a vessel and is living aboard a vessel (i.e., eating, sleeping, and working) while the vessel is away from the Bargaining Unit Member's port of engagement. The vessel will normally provide permanent and reasonable facilities for two (2) or more, including cabin, bunks, stove, cooking facilities, marine sanitation device, and fresh water. 

      2.   "Shore Duty"  XE "shore duty" in this Agreement is that time worked on shore while the vessel is tied up at a port.

      3.   "Port of engagement"  XE "port of engagement" in this Agreement means the place at which a Bargaining Unit Member is, at the direction of the Employer, engaged aboard a vessel.

B.         Sea Duty Pay.  This Section will apply to Bargaining Unit Members who are assigned to Sea Duty for more than twenty-four (24) consecutive hours.

      1.   Bargaining Unit Members on Sea Duty will be assigned an uninterrupted sleep period of eight hours in each 24 hours.

      2.   An uninterrupted meal period of not less than one-half or more than one hour          will be allowed for each meal, not to exceed three (3) meals per day. 

      3.   The hourly rate of pay while assigned to Sea Duty will be computed by the following: formula:

                        Semi-monthly salary x 0.00424 = Sea Duty Hourly Rate of Pay

                         (Earning matrix 0.344 x annualized hourly rate x hrs reported)  

      4.   All hours of Sea Duty will be considered hours worked, therefore on:

a.   Regular Duty Day: the Bargaining Unit Member will be paid eight (8) hours at the straight rate and sixteen (16) hours at the time and one-half (1-1/2) rate of Sea Duty Hourly Rate of Pay; and

b.   Regular Day Off (6th and 7th day) and Non-Floating Holiday: the Bargaining Unit Member will be paid eight (8) hours at the time and one-half (1-1/2) rate and sixteen (16) hours at the double time rate of the Sea Duty Hourly Rate of Pay. 

      5.   The normal accrual rates for personal leave and credit for nonfloating holidays will not be changed by this section.

      6.   Sea Duty Hourly Rates of Pay will not be used in the computation of overtime rates when the Bargaining Unit Member is not assigned to Sea Duty.  Overtime pay during a workweek that includes Sea Duty will be paid on the basis of the work performed during the overtime hours in accordance with 29 C.F.R. Sec. 778.419.

24.11 Supervisory Differential. XE "Differentials:supervisory"

The Association may request the Director of the Division of Personnel to review a Supervisor’s salary range placement when it believes that one of the employee’s subordinates in the classified service is paid at the same or a higher salary range. In cases where the supervisor's subordinate is paid on a salary schedule that does not use the same salary range numbers, the entry level step of the subordinate's salary range will be compared against the entry level step (A step) of the supervisor's salary range. If that step is the same as, or higher than, the supervisor's, the provisions of this article shall apply.  The necessity of adjustment will be at the sole discretion of the Director and applied consistent with AS 39. If an adjustment is necessary, the Supervisor’s salary shall be increased one range at the same step earned prior to the adjustment, and continue to advance steps based on performance incentive or service steps.  The Director shall make every effort to respond to such requests within thirty (30) calendar days of receipt, but in no case shall such salary range placement be retroactive.

24.12 Department of Corrections Step Adjustment

Bargaining Unit Members in the Department of Corrections who are assigned to the position of Assistant Correctional Superintendent, Superintendent, Correctional Officer IV, Assistant or Deputy Director, or Farm Manager will be paid the equivalent of one step above the earned step on the applicable salary table.  The earned step will not be moved forward due to the step adjustment; the merit anniversary or service step date, whichever is applicable, will not be affected.

24.1
3 Monetary term implementation or application.

For purposes of monetary term implementation, effective dates referenced above, or references in any other provision of the agreement, do not serve as a basis for retroactive implementation or application to any monetary terms in the agreement absent a ratified and approved successor agreement before July 1, 2010.  In the absence of a ratified and approved agreement before July 1, 2010, monetary term implementation or application dates will be established by mutual agreement of the parties.

ARTICLE 25 - Overtime, Recall and Standby

25.1 Workweek Definition.

"Workweek" XE "workweek"  in this Agreement will consist of thirty seven and one half (37.5) hours in pay status from Sunday midnight to Sunday midnight within a maximum of five (5) consecutive days and all full-time employees will be guaranteed a full workweek. 

It is the parties’ mutual intent to allow flexibility in scheduling these hours in a manner that accommodates the needs of the Bargaining Unit Member and State.  Flexible Work Schedules, telecommuting arrangements, scheduling core hours and other arrangements that accomplish this are available, when mutually agreed to, in writing, between the Bargaining Unit Member and the State.  In addition, the parties have provided two Letters of Agreement (Appendix E-LOA57) that provide sample Alternate Workweek arrangements.  Other arrangements, addressing special circumstances, may be made through Letters of Agreement.

25.2 Additional Straight Time.

The Employer will make available the opportunity to work hours in excess of 37.5 but less than 40 hours when justified by the workload.  The Employer will, insofar as possible, equalize the distribution of the additional straight time hours among the overtime eligible Bargaining Unit Members who desire to work additional straight time.

25.3 Overtime XE "overtime"  Eligibility.

A.         All Bargaining Unit Members will be determined overtime eligible or ineligible in accordance with the Fair Labor Standards Act criteria or by mutual agreement.

B.         Upon signing of this Agreement and within thirty (30) calendar days, the parties agree to meet and select a neutral third party hearing officer to determine questions of eligibility, consistent with the Fair Labor Standards Act, that may arise during the life of this Agreement.  The parties will each bear one-half (1/2) of the cost of such a hearing officer and the hearing officer's decision on eligibility will be final and binding on both parties. 

C.        It is agreed that neither the Employer nor the employee will make any concerted effort to change positions in the same job class for the purpose of changing overtime eligibility.

25.4 Overtime Threshold.

All work performed by overtime eligible members of the bargaining unit in excess of forty (40) hours of work in a workweek is overtime and will be paid at the rate of time and one-half (1-1/2) the appropriate regular or shift rate of pay.

25.5 Distribution of Overtime.

A.         The Employer will, insofar as possible, equalize the distribution of overtime among the Bargaining Unit Members who desire to work overtime.  This does not preclude the Employer from assigning and requiring overtime work of Bargaining Unit Members based on reasons such as the qualifications of the employee and the amount of work to be accomplished. 

B.         Other provisions of this Section notwithstanding, it is the policy of the Employer to distribute overtime in the most economical manner. 

C.        Bargaining Unit Members not desiring to work overtime will preferably not be assigned to work overtime. 

D.        Records

      1.   Overtime eligibles: A record of actual compensated overtime hours worked by the overtime eligible Bargaining Unit Members will be maintained and made available for reasonable inspection by appropriate APEA/AFT representatives.

      2.   Overtime ineligibles: Records of hours reported by the overtime ineligible Bargaining Unit Members will be maintained and made available for reasonable inspection by appropriate APEA/AFT representatives.

25.6 Recall and Standby XE "recall" .

A.         If a Bargaining Unit Member eligible for overtime is called back to work within four (4) hours after the completion of the member's shift, the member will be paid at the appropriate overtime rate for actual hours worked.  If the member is recalled later than four (4) hours after completion of the member's regular shift, the Bargaining Unit Member will be entitled to a minimum of four (4) hours pay at the appropriate overtime rate, provided that, should total callback hours worked exceed four (4), the Bargaining Unit Member will receive pay at the appropriate overtime rate for all such hours worked.

            It is necessary from time to time to recall Bargaining Unit Members who are not eligible for overtime and APEA/AFT agrees that an employee obligation exists.

B.         When Bargaining Unit Members are either directed in advance by their supervisor to be available for immediate recall or their names are placed on a standby roster they will receive standby pay as outlined in 1. and 2. below.  Assignments to a standby roster will be, insofar as it is possible, equitably rotated among employees normally required to perform the anticipated duties, provided that nothing in this Article will preclude the assignment of an individual to standby whose knowledge makes that individual the most logical choice for the anticipated tasks.

            The rates of compensation established below will include geographic and shift pay as may be appropriate:

            1.         Overtime eligibles: When an overtime eligible Bargaining Unit Member is assigned to a standby roster, the Member will receive standby premium pay in an amount equal to 3/4 of one hour's pay at the Member's hourly base rate for each calendar day or portion of a calendar day of such assignment.

2.   Overtime ineligibles: When an overtime ineligible Bargaining Unit Member is assigned to a standby roster, the Member will receive standby premium pay in an amount equal to one and one-quarter (1.25) hours pay at the annualized hourly base rate equivalent to the overtime ineligible Member’s salary range and step for each calendar day or portion of a calendar day of such assignment.

25.7 Holiday Premium Pay. XE "holiday premium pay"

All hours worked on a holiday by an overtime eligible Bargaining Unit Member will be compensated at 1.5 times the member's regular hourly rate.

Holidays not worked by Bargaining Unit Members will be counted as time worked for the purposes of fulfilling the minimum workweek requirement. 

25.8 Continuous Hours of Work.

A Bargaining Unit Member will not be required to work in excess of fifteen (15) hours within one (1) twenty-four (24) hour period except in a dire emergency.

25.9 Overtime Pay Calculations.

When a Bargaining Unit Member who is eligible to receive overtime works a shift that qualifies for shift differential pay, the Employer will compute overtime on the basis of the following formula:

            (Base Rate + Shift Differential) x 1-1/2

25.10 Compensatory Time XE "compensatory time" .

A.         Compensatory time off for overtime eligible Bargaining Unit Members will be in accordance with the Fair Labor Standards Act.  Overtime will be paid in cash except where an overtime eligible Bargaining Unit Member requests in writing compensatory time off and the supervisor approves the request.  Compensatory time off is earned at the rate of one and one-half (1½) hours for every hour of overtime worked. The decision to grant or deny compensatory time off will be consistent with the Fair Labor Standards Act guidelines.

B.         Compensatory time off will normally be used during the pay cycle in which the overtime is worked. However, compensatory time not used between December 16 and December 15 of the following calendar year will be cashed out to the member at time and one-half (1-1/2) the Member's base hourly wage notwithstanding the initial request to have it accrue as compensatory time.

C.        Compensatory time arrangements for overtime ineligible Bargaining Unit Members may be established by mutual agreement between APEA/AFT and the Division of Personnel or as provided below in 25.11 Flexible Time Plan.

25.11 Flexible Time Plan. XE "flexible time plan"

The parties recognize the normal workweek is 37.5 or 40.0 hours and that it may be necessary for overtime-exempt employees to work extraordinary hours to meet the mission of the agency. An FLSA exempt employee who has been authorized to work additional hours may submit a written request to the division director for approval of the Flexible Time Plan to offset excessive hours of work with a reduction of normal work hours at a later time.

An approved Flexible Time Plan is subject to the following conditions XE "flexible time plan:conditions" :

A.         An employee who works in excess of 45 hours in a workweek will be eligible for flextime credits retroactive to 42.5 hours of work in the week.

B.         Flextime credits will accrue in one-half (0.5) hour increments.

C.        No flextime credits may be earned for travel time.

D.        No more than 12 hours of work per day may be counted toward the 45.0 hour per week threshold or toward flextime credits.

E.         No more than two hundred (200) hours of flextime credits may be earned within a leave year.

F.         Flextime credits may not be used in advance of performance.

G.        Employees will document on the time sheet all hours worked and all flextime used.

H.        Accrued flextime credits may be used at any time business permits with the prior approval of the supervisor in the same manner as personal leave. Requests to use accrued flextime will not be unreasonably denied.

I.          Flextime credits earned in one leave year must be used by July 1, of the following year. Unused flextime credits will be cancelled without payment if not used by July 1, deadline. Upon separation from State service or the bargaining unit, accrued flextime credits will be cancelled without payment. Accrued flextime credits may not be cashed out.

J.         Disputes regarding the accrual or use of flextime credits are subject to the complaint procedures. This will be the sole and exclusive method of resolving such disputes.

K.         Flextime credits must be tracked, documented and usage certified by the employee’s immediate supervisor.

25.12 Incidental Flextime Arrangements. XE "flexible time plan:incidental flextime arrangements"

From time to time, and with the prior approval of the supervisor, an (overtime ineligible) employee may be absent for up to 4 hours in a day for the following, without submitting a leave slip:

·        Medical appointments for the employee or family member

·        School events (this does not include regular, recurring events, such as volunteering as a classroom aid)

·        Weddings or funerals

·        Care of family members (including child care conflicts)

·        Other personal matters (this does not include time for which the employee may receive compensation in the form of goods, fees, salary, or other payments from a third party)

Implementation of this section includes the expectation that there will be no reduction in the total productive hours.  This section may not be used concurrently with the provisions of 25.10. This section is not subject to the grievance procedure.  Approval of time off requested under this article shall not be unreasonably denied.

ARTICLE 26 - Holidays

A.         All employees will be entitled to, and compensated for, all holidays listed below:

            1.         The first of January, known as New Year's Day,

            2.         The third Monday of January, known as Martin Luther King, Jr. Day,

            3.         The third Monday in February, known as President's Day,

            4.         The last Monday in March, known as Seward's Day,

            5.         The last Monday in May, known as Memorial Day,

            6.         The fourth of July, known as Independence Day,

            7.         The first Monday in September, known as Labor Day,

            8.         The 18th of October, known as Alaska Day,

              9.       The 11th of November, known as Veterans Day,

            10.       The fourth Thursday in November, known as Thanksgiving Day,

            11.       The 25th of December, known as Christmas Day,

            12.       Every day designated by public proclamation of the Governor of the State of Alaska as a legal holiday. 

            Part-time employees will be entitled to those holidays on which they are regularly scheduled to work and will receive compensation only for those hours for which they would have been regularly scheduled to work. 

B.         Observance of Holidays. A designated holiday will normally be observed on the calendar day on which it falls, except Bargaining Unit Members who are regularly scheduled to work on Monday through Friday will observe the preceding Friday when the holiday falls on Saturday, and will observe the following Monday when the holiday falls on Sunday.  Normally only those Bargaining Unit Members designated in advance by appropriate supervision will be required to work on a designated holiday.  When a designated holiday falls on a Bargaining Unit Member's scheduled day off, other than Saturday or Sunday, the day off will be rescheduled to another day within the pay cycle.

C.        Any of the holidays listed in 26 A may be considered a floating holiday if authorized by completing the attached form (Appendix B).  Each full-time employee who works on a designated floating holiday will be credited with seven and one-half hours personal leave.  Each part-time employee who works on a designated floating holiday will be credited with the number of hours for which they would otherwise be scheduled to work.

D.        Effective July 16, eEach year of this agreement each leave eligible Bargaining Unit Member will receive a one time 7.5 hour credit to their leave balance to be used as a floating holiday. This leave will be credited and available for use the first day of the second pay period in July each year of the agreement.  Use of floating holidays will be consistent with the personal leave provisions of the collective bargaining agreement and at management’s discretion.

ARTICLE 27 - Travel, Per Diem and Moving

27.1 Applicability of the Alaska Administrative Manual.

Except as specifically provided in this article, travel, and per diem and moving allowances will be administeredpaid in accordance with the provisions of the Alaska Administrative Manual in effect on the date of travel.

27.1 Travel Status.

A Bargaining Unit Member will be considered in travel status from the time an authorized trip begins until it ends.  For purposes of interpretation, travel status will begin and end when the Bargaining Unit Member leaves and returns to his/her immediate work station if travel begins during assigned working hours, or when the Bargaining Unit Member leaves and returns to his/her home if travel begins and ends outside assigned working hours.

27.2 Lodging Allowance. XE "logding allowance"

A.         Short-term Allowance. XE "lodging allowance:short-term allowance"  Except as authorized in section 27.2 C. below, the Employer will reimburse, as appropriate, a Bargaining Unit Member for actual receipted expenses incurred while traveling on official State business and overnight lodging is obtained for periods of thirty (30) days or less.

B.         Long-term Rate. XE "lodging allowance:long-term rate"   As to any one (1) location assignment, a lodging allowance of forty-five dollars ($45) will be provided for assignments exceeding the first thirty (30) days.  The long-term lodging allowance may not be allowed after six (6) months in one location unless a continuation has been approved in advance by the Division of Finance, Department of Administration.

C.        Bargaining unit members traveling on official State business in locations where commercial lodging is available who choose not to utilize commercial facilities and noncommercial lodging is obtained will be provided a lodging allowance of thirty dollars ($30) for periods of thirty (30) days or less.

D.        Noncommercial Per Diem XE "lodging allowance:noncommercial per diem" .  When a Bargaining Unit Member is in travel status to a location that does not offer commercial facilities and lodging is not provided, the member will receive thirty dollars ($30) in addition to the meal allowances provided at section 27.3. In instances when the Employer provides meals and lodging, the Employee has no entitlement to any per diem or allowance of any type.

E.         Employees traveling outside Alaska will only be entitled to actual receipted lodging expenses, in addition to the Meal Allowance specified in 27.3 of this Article;

27.3 Meal and Incidental Allowances.

A meal and incidental allowance will be allowed a Bargaining Unit Member who is on travel status within the State of Alaska in accord with the Alaska Administrative Manual.  In no event will the short-term rate be less than sixty dollars ($60) per day, consisting of twelve dollars ($12) for breakfast, sixteen dollars ($16) for lunch, and thirty-two dollars ($32) for dinner.

27.4 Reimbursable Travel Expenses.

Whenever an employee is required to change the employee's place of residence because of a change in assignment, promotion or other reason related to assigned duties, the employee will be reimbursed for transportation expenses as follows:

A.         Tourist class airfare for the employee and dependents or mileage reimbursement at the maximum allowable rate published by the Alaska Administrative Manual per mile for driving each family-owned conveyance.  Conveyance, for the purposes of this subsection, will mean automobiles, trucks, motor homes, motorcycles, aircraft, and boats.

B.         A standard per diem for the employee, half of the standard per diem for the employee's spouse and a fifteen dollar ($15.00) per diem for each of the employee's other dependents while in route.  Upon arrival at the new duty station, the employee, spouse and dependents are entitled to per diem at the same rate as for per diem while in route, for not more than fifteen (15) calendar days while the employee is seeking permanent housing.

C.        When applicable, a ticket for the entire family and each family-owned conveyance for transportation on the State Ferry System.  Conveyance, for the purposes of this subsection, will mean automobiles, trucks, motor homes, motorcycles, cargo, boat and camp trailers.

D.        The Employer may authorize the payment of travel and per diem to secure housing prior to the change in duty station.  Such authorization, however, may only be made if the change in duty station is at the request of the Employer.

27.5 Reimbursable Moving Expenses.

All employees will be reimbursed for moving expenses under the Alaska Administrative Manual.

"Personal effects" as defined in Section 1.2, is applicable, except in cases where geography or other conditions beyond the employee's control require that the employee's privately-owned vehicle be shipped rather than driven.  In such cases, the Employer will pay for shipping and the weights of such privately-owned vehicle will not be deducted from the reimbursable weights allocation.

27.6 Privately-Owned Conveyance.

Reimbursement for mileage for the use of the Bargaining Unit Member's privately owned conveyance will be made at the rate authorized by the Alaska Administrative Manual.  The Employer and Bargaining Unit Member may mutually agree, in writing, to the Bargaining Unit Member’s consistent use of their personal vehicle for State business.

27.7 Privately-Owned Aircraft.

It is recognized that from time to time it is mutually beneficial to have Bargaining Unit Members use their private aircraft in the course of State business.  When the use of a Bargaining Unit Member's privately owned aircraft is authorized in advance by the Employer, reimbursement will be forty-five cents ($0.45) per mile or such higher amount authorized in accordance with the Alaska Administrative Manual.

27.3 Travel Incentives.

Bargaining Unit Members will retain travel incentive awards resulting from travel on behalf of the Employer.

27.48 Duty Station XE "duty station" .

A.         Neither an employee's duty station nor the employee will be transferred unless such transfer is in the best interest of the State.  Prior to approving any requests for involuntary transfers, the Director of Personnel & Labor Relations will request and consider the comments of APEA/AFT.  APEA/AFT will be given fifteen (15) working days, following receipt of the Director's request, to provide their comments.

            Disputes XE "duty station:disputes"  arising over involuntary transfers will enter the Grievance Procedure at Step Three, and if not resolved at that level, the parties agree to expedite arbitration.  No such transfer will be considered permanent until the arbitration step is completed.

            The provisions of this section do not apply to office closures and office relocations.

B.         The Employer will make every effort to give the Employee at least ninety (90) days notice prior to the effective date of the transfer. Employees will be given ninety (90) calendar days notice prior to transfer, or be entitled to ninety (90) days short-term per diem for the difference.

ARTICLE 28 - Health and Security

Insurance provided in whole or in part by the Employer will be continued for the life of this Agreement.  This includes, but is not limited to the following:

28.1 Employee Life Insurance. XE "insurance"  XE "insurance:life insurance"

A.         Employer Provided Life Insurance: The Employer will insure the life of every employee in the principal amount of two thousand dollars ($2,000.00).

B.         Employee Purchased Life Insurance XE "insurance:purchased life insurance" :  The Employer will continue to make available an Optional Life Insurance Policy to each employee who is eligible for coverage under the Employer provided health insurance plan.  The amount of optional life insurance available for employee purchase will be an amount equal to the employee's annual base income rounded to the next highest thousand.  The maximum amount available will be $100,000.

28.2 Travel and Accident Insurance. XE "insurance:travel and accident insurance"

The Employer will insure the life of every employee against accidental death while the employee is traveling within the scope of his/her State employment in the amount of one hundred thousand dollars ($100,000.00).  The Employer will make a timely good faith attempt to alter the existing policy to allow for the payment of death benefits to a beneficiary (beneficiaries) at their option over a five (5) year period or a lump sum payment provided that such change is at no additional expense to the Employer. 

28.3 Health Insurance.

A.         Employer Provided Health Insurance.

            The Employer will continue to provide a flexible benefits program for the provision of health insurance.  Eligible employees will pay, by payroll deduction, any difference between the Employer’s contribution and the total premium required to provide the coverage elected by the employee under the flexible benefits program. The Employer will seek to maintain a plan with prudent reserves and minimal cost shifting. This article will in no way limit the Commissioner’s authority under AS 39.30.095B. The Employer’s health insurance contribution is 851.00, per employee, per month. Effective July 1, each year this agreement is in effect, the Employer’s health insurance premium contribution will increase by the amount of money, for all employees, that is necessary to fund comparable coverage under the “Select Benefits Economy Medical/Audio/RX/Dental Plan” (projected at $1088 per month effective July 1, 2010). The eligibility of the employees and their dependents for coverage and the precise benefits to be provided will be as set forth in the insurance plan documents, consistent with AS 39.30.090.

B.         The Employer will provide written notice to the Association of changes to the level of health insurance benefits at least sixty (60) days prior to implementation.

C.        The Employer expressly waives its right to require the Association to bargain collectively and the Association expressly waives its right to require the Employer to bargain collectively over all matters relating to the provision of a group health insurance plan established pursuant to AS 39.30.090 and AS 39.30.095.

D.        The Employer agrees to continue to require the provider under the Employer plan to provide a toll-free number for the purpose of handling inquiries and complaints to the provider.

28.4 Health Benefits Evaluation Committee.

 XE "Health Benefits Evaluation Committee" The parties agree to jointly participate in a Health Benefits Evaluation Committee.  The HBEC will establish rules to govern the operation of the Committee.

A.         The HBEC will meet at least quarterly.  Meeting arrangements and clerical support will be the Employer's responsibility.

B.         The HBEC will consist of labor and management representatives. The Supervisory Unit will have three (3) representatives on the Committee. Management and labor will have an equal number of votes regardless of the number of management members on the committee. The committee will include members from other bargaining units as agreed to separately by management and those bargaining units.

C.        The HBEC will have access to analyses of current plan administration, claims payment administration, benefit plan design and utilization conducted by or for the Division of Retirement and Benefits.  A representative of the carrier will be available to the Committee.

D.        The HBEC may make recommendations to the Commissioner of Administration concerning provision of efficient, effective health care benefits within the level of the Employer's contribution, including but not limited to utilization review, pre-certification requirements, cost containment measures, employee education and preferred provider arrangements. The Commissioner of Administration will give the committee’s recommendation full consideration.

28.5 Monitored Health Programs.

The parties recognize that certain public health laboratory employees, hospital employees, materials laboratory employees and landfill or disposal sites inspection employees may, in the performance of their duties, directly handle, test or wrap pathogenic microorganisms, blood products, radioactive materials, carcinogenic chemicals, and/or work with asbestos.

When a qualifying Bargaining Unit Member provides evidence to the Employer of having undergone an annual physical, the Employer will reimburse that Bargaining Unit Member one hundred and five dollars ($105.00).  To qualify for reimbursement as provided above, the Bargaining Unit Member must show proof of a physical examination.  No more than one (1) such reimbursement will be paid to a Bargaining Unit Member in any twelve (12) month period.

Other Bargaining Unit Members may be provided with the same benefit upon receipt of a positive test result that they were exposed to the above noted hazardous substances in the course of their employment with the State.

28.6 National and State Plans.

If a national or state plan becomes law that requires participation by the State of Alaska during the term of this Agreement, the parties will reopen the article within 30 days.

28.7 Health Trust.

During the term of this agreement, APEA may explore providing an employee-directed health insurance plan through development of a health insurance trust, participation in a health care coalition, or other appropriate delivery mechanism.

ARTICLE 29 - Leave XE "leave"  XE "leave:personal"

29.1 Personal Leave.

It is understood that during the term of this Agreement, personal leave will be earned and used in lieu of all sick and annual leave except as specified in this Article. 

A.         Rate of Accrual XE "leave:rate of accrual" .  An employee will accrue personal leave as follows:

                        Years of Service                                  Hours Per Pay Cycle

                                    0 - 2                                                       7.50

                                    2 - 5                                                       8.44

                                    5 - 10                                                     9.38

                                    10+                                                      11.25

            In determining years of service for the purpose of computing personal leave, all service with the Territory and State of Alaska is included.

            Employees who work less than full-time will accrue personal leave per pay cycle on a prorated basis according to the above schedule and hours in pay status.  Personal leave accruals for partial pay cycles of service will be on a prorated basis.

B.         Changes of Accrual Rate.  Accrual rate changes will become effective the 16th day of the month following the monthly pay cycle in which the employee completes the service requirement and becomes eligible for the higher accrual rate.

C.        Use of Personal Leave.  Accrued personal leave is available for use after an employee has completed thirty (30) continuous calendar days of employment. 

      1.   Personal leave may be granted at any time business permits with the prior approval of the employee's supervisor.  Requests for personal leave will not be unreasonably denied. 

      2.   An employee may take personal leave for medicalxe "leave:medical" reasons, regardless of whether business permits, upon permission of the employee's supervisor.  The Employer will grant personal leave for medical reasons if satisfied that the employee is absent for medical reasons.  The taking of personal leave for medical reasons will be reduced by the amount of wage continuation payments made under the Alaska Workers' Compensation Act (AS 23.30).  The following constitute "medical reasons" and are subject to the conditions noted.

a.   Medical disability of an employee is a medical reason for taking personal leave. The Employer may require a doctor's certificate showing the disability if the absence exceeds three (3) consecutive working days. 

b.   Medical disability of a member of an employee's immediate family is a medical reason for taking personal leave if the disability is such that the attendance of the employee is required.  An Employer may require a doctor's certificate showing the disability if the absence exceeds three (3) consecutive working days. 

c.   A medical condition of an employee that makes presence at work a danger to the health of fellow employees is a medical reason for taking personal leave.  The Employer may require a doctor's certificate showing the condition if the absence exceeds three (3) consecutive working days. 

d.   Death of a member of an employee's immediate family is a medical reason for taking personal leave.  An employee is entitled to use five (5) days of personal leave for this purpose; use of additional personal leave may be granted at the Employer's discretion.

      3.   Family Medical Leave (Federal): XE "leave:family medical leave act"  Qualified employees will be entitled to coverage under the Family Medical Leave Act (FMLA).  Health insurance contributions will be made on behalf of qualified employees during the twelve (12) week period of family leave (including periods of personal, banked medical or donated leave, or periods of leave without pay).

      When taking leave under the FMLA, a qualified employee must exhaust all accrued personal, banked medical and donated leave (in that order) before entering leave without pay, except that an employee may elect to retain up to five (5) days of personal leave in his or her account for use upon return from leave taken under this provision.  When taking leave due to pregnancy, childbirth, foster care placement or adoption, the leave entitlement must be taken consecutively.

      The twelve (12) month period for utilizing leave entitlements will commence with the first day leave is taken under the FMLA.  Approved leave without pay taken under the provisions of the FMLA will have the same effect as any other period of approved leave without pay on the employee's terms and conditions of employment, except as provided herein.

      An employee may be required to recertify the qualifying reason for remaining on family leave. An employee may be required to provide a fit-for-duty XE "leave:fit-for-duty statement"  statement prior to returning to work.

      The parties recognize that if leave provisions in Article 29 are found to be in conflict with the FMLA, FMLA entitlements prevail.

      4.   Family and Health Leave (State) XE "leave:family and health leave" .  The parties recognize that qualified employees may be entitled to up to 18 workweeks of leave during a 24 month period pursuant to AS 39.20.305, and that such entitlements may run concurrently with FMLA entitlements.

      5.   Each employee will, during each twelve (12) month period, take at least 37.5 hours of personal leave.  If the employee does not take at least 37.5 hours of personal leave during a twelve (12) month period, the difference between 37.5 hours and the amount of personal leave taken will be canceled without pay unless the department or agency head certifies in writing that the employee was denied the opportunity to take 37.5 hours of personal leave during the twelve (12) month period. 

D.        Accumulation of Personal Leave.  Except as provided in Section 29.1.C.3, personal leave that is not taken by an employee during a twelve (12) month period accumulates for use in succeeding twelve (12) month periods. 

E.         Donation  XE "leave:donation" of Leave.  Members of this bargaining unit will be allowed to donate personal leave to and receive personal or annual leave from employees in this unit or those represented by a different union or noncovered employees subject to the following conditions:

      1.   Each employee wishing to donate personal leave will fill out, date, and sign a leave slip showing the amount of personal leave he or she wishes to donate in increments subject to a minimum of two (2) hours.  The leave slip will have written or typed along the bottom, or in the space provided, "Leave donation to: (employee name, social security employee identification number)." 

      2.   Donors will submit leave slips for a particular donee to the Division of Personnel & Labor Relations Technical Services Supervisor of the department in which the donee is employed.  Leave donations will be posted in date and order received to the recipient's Donated Sick Leave Account during the pay cycle in which personal and banked medical leave is exhausted, for use from that pay cycle forward.

      3.   The Employer will convert the donated leave hours to dollars at the annualized of the recipient, and the resulting number of hours will be added to the recipient's Donated Sick Leave Account for use in accordance with the requirements of Section 29.1.H.  The total amount of leave credited to the recipient's Donated Sick Leave Account will not exceed three hundred (300) hours during the life of the agreement.

      4.   Once the Employer has completed the above process, the State will not be obligated for further processing or liabilities resulting there from.  Once the donation has been transferred to the recipient's account, the donation cannot be withdrawn, modified or otherwise returned to the donor's account.

      5.   Donations of leave under this section will not reduce the mandatory leave usage requirements established in the agreement.

      6.   Leave in the Donated Sick Leave Account may not be used unless and until all accrued personal leave and all banked medical leave have been exhausted.  On termination, any balance in the Donated Sick Leave Account will be treated like the banked medical leave balance.

F.         Terminal Leave  XE "leave:terminal"

      1.   Terminal leave for unused personal leave will be allowed upon separation from service as provided in Section 24.97.E.  A payment of terminal leave to an employee will be made as a lump sum payment or installments over a period of time, as the employee elects. 

      2.   If the employee is re-employed in State service before the expiration of the period covered by the balance of the unused leave payment, the employee may refund to the State an amount equal to the leave payment covering the period between the date of reemployment and the expiration of the unused leave period that has been paid. The leave represented by a refund will be re-credited to the employee by the employing department or agency. 

      3.   The payment authorized by this section is not considered salary or compensation except for purposes of taxation. 

G.        Transfer of Accrued Annual and Sick Leave XE "leave:transfer of" .  An employee who has accrued annual leave will have the annual leave transferred to the employee's personal leave account. 

            An employee who has accrued sick leave will have 50 percent of that sick leave transferred to the employee's personal leave account and 50 percent of that sick leave transferred to a medical leave bank.  Banked medical leave may be taken only in accordance with this section.

      1.   Medical Leave Bank. XE "leave:medical leave bank"  The medical leave balance will be available for use in accordance with Article 29.1.C.2.

      2.   Except as otherwise provided in this article, upon separation from State service, an employee’s medical leave bank will be transferred to the Supervisory Catastrophic Medical Leave Bank.  A Labor-Management Committee will be established to develop the procedures regarding use of this leave bank.

      3.   Death of an employee: XE "leave:death of an employee"  Upon the death of an employee, any unused sick leave balance will be paid in cash to the employee’s beneficiaries at the employee’s base pay rate.

      4.   Taking of leave under this section will be reduced by the amount of wage continuation payments under the Alaska Workers’ Compensation Act (AS 23.30).

H.        Leave Cash-In XE "leave:cash-in" .  Employees having in excess of 37.5 hours of personal leave will, upon written request to the Employer, receive payment for accrued but unused personal leave, at the employee’s current annualized hourly rate, subject to the following limitations:

      1.   Under no circumstances may an employee request or receive a leave cash-in which would reduce the employee’s accrued personal leave balance below 37.5 hours.

      2.   Payment will be made no later than one (1) pay period following the pay period in which the request was made.

      3.   Leave cashed in under this section does not reduce the 37.5 hour mandatory leave requirement in section 29.1.C.5.

29.2 Adoptive Leave XE "leave:adoptive leave" .

An employee involved in child adoption proceedings will be given priority consideration in the granting of personal leave to attend to activities involved in these adoptive proceedings.  Any personal leave granted under this section for purpose of illness or injury to the adoptee will be in accordance with section 29.1.C. 

29.3 Extended Absence for Disability, Illness or Injury. XE "leave:extended absence"

Upon application by an employee who has exhausted accrued leave, a leave of absence without pay may be granted by an appointing authority for disability because of sickness or injury.  Such leave will be limited to one (1) month for each full month of service to a maximum of twenty-four (24) months.  The appointing authority may periodically require that the employee submit a certificate from the attending physician or from a designated physician.  If the certificate does not clearly show sufficient disability to preclude the employee from performing the employee's duties or if the employee does not provide the required certificate, the appointing authority may cancel the leave and require the employee to report to duty on a specified date. 

29.4 Absence and Payment for Court Leave XE "leave:court" .

A.         An employee who is called to serve as a juror or subpoenaed as a witness will be entitled to court leave.  Employees who work the graveyard or swing shift will be placed on day shift for the day or the duration of the time the employee is scheduled to appear, whichever is longer, provided the Employer receives twenty-four (24) hours notice.

B.         Court leave may be required to be supported by written documents such as a subpoena, Marwill's statement of attendance and compensation for services, per diem and travel.

C.        Employees will turn over to their employing departments all monies received from the court as compensation for service and in turn will be paid their current salary while on court leave.

29.5 Nonwar Military Duty Absence and Payment. XE "leave:nonwar military duty absence"

An employee who is required to report for a military physical examination is entitled to a leave of absence without loss of pay, time or performance rating.  The leave of absence will not exceed three (3) working days. 

An employee who is a member of a reserve or auxiliary component of the United States Armed Forces or the Alaska State Defense Force is entitled to a leave of absence without loss of pay, time or performance rating without regard to other compensation earned during that period on all days during which the employee is ordered to training duty, as distinguished from active duty, with troops or at field exercises, or for instruction, or when under direct military control in the performance of a search and rescue mission.  The leave of absence may not exceed sixteen and one-half (16-1/2) working days in any twelve (12) month period, beginning December 16 and ending December 15.

An employee on personal leave will not go on military leave without returning to duty unless military leave is approved prior to commencement of personal leave.

The Employer will make every reasonable effort to schedule employee's day off to enable them to satisfy their military obligation. 

29.6 Association Leave XE "leave:association" .

Upon application by APEA/AFT through the Director of Personnel & Labor Relations, an employee may be granted up to twenty-four (24) months leave without pay for purposes of serving as an APEA/AFT Official, provided that such leave, if approved, will not be less than six (6) months.  Similarly, upon application by APEA/AFT through the Director of Personnel & Labor Relations, an employee may be granted up to twelve (12) months Association Business Leave, pursuant to Section 29.10, for the purpose of serving as an APEA/AFT Official, provided that such leave will not be less than six (6) months.  The appointing authority will not unreasonably withhold approval of leave under this section. 

29.7 Other Approved Absence XE "leave:other approved" .

Upon application and approval of the appointing authority, an employee may be granted leave of absence without pay.  Such leave will not normally exceed twelve (12) continuous months.  Continuous service credit will not accrue during the period of leave.  Approval of said leave of absence will not be unreasonably withheld.

29.8 Emergency Search and Rescue Leave for Operations XE "leave:emergency search and rescue" .

Members participating in organized State-directed emergency search and rescue operations will continue to be in work status in their regular jobs.

29.9 Association Business Leave Bank. XE "association business leave bank"

A.         Hours Bank XE "association business leave bank:hours bank"

      1.   The hours balance in the Association Business Leave Bank on the date of signing will be retained for use subject to the conditions set forth below at B3 and B4.

      2.   Business Leave will be taken first from the Hours Bank until it is exhausted and then will be taken from the Cash Bank.

AB.      Cash Bank XE "association business leave bank:cash bank"

      1.   There is hereby created an Association Business Leave Cash Bank that will be administered by the State with a monthly report of the balance and withdrawals provided to the Association Business Manager.  The Bank will be established by a transfer of three (3) hours of personal leave from each member after the date of signing of this Agreement and the same amount annually thereafter.  All new members will be assessed three (3) hours of personal leave when the member's balance is at least one (1) day or more and the Employee has executed written authorization approving the deduction, and such leave will be transferred to the Bank. 

      The Association Business Manager may, at the Business Manager's discretion, increase the amount to four (4) hours. Should the Bank drop below the equivalent of one thousand (1,000) hours at the annualized average hourly rate, said hourly transfer will go to four (4) hours upon notice to APEA/AFT. APEA/AFT may lower the rate to three (3) hours when the Bank reaches three thousand (3,000) hours. Any change in the hourly rate will take effect on the sixteenth (16th) of the month following notice.

      2.   Each leave assessment will be converted to its dollar value at the rate of pay of the Employee from who the leave was received.  Those dollars (with 34% benefit costs) will be placed in the Business Leave Bank.  When Business Leave is used, dollars will be withdrawn from the Business Leave Bank equal to the hourly rate (with 34% benefit costs) of the Employee utilizing the leave times the hours taken.

      3.   Withdrawal from the Bank will be for purposes of contract negotiations, Executive Meetings, training sponsored by the Association, attendance at arbitration hearings as witnesses for the Association and other purposes as may be determined by the Business Manager.  Withdrawals from the Bank will be made only by the Business Manager of the Association to the Division of Labor Relations on forms mutually agreed by the parties and furnished by the Association.  All personal leave transferred to the Bank is final and not recoverable for recredit to an individual's personal leave account.  If in the judgment of APEA/AFT insufficient hours remain in the Business Leave Bank, the Employer will grant personal leave or leave without pay for these purposes, except as noted below.

      4.   The release of members for Association leave duty will be handled on the same basis as release from duty for personal leave.  Such release will not be unreasonably withheld by the supervisor.

      5.   In the event that the balance of the Association Business Leave Bank is insufficient to cover the entire time necessary for negotiations for the successor to this Agreement, administrative leave will be granted to no more than four (4) State employee members of the negotiating committee for all time necessary for the conduct negotiations, except during periods of strike. 

      6.   Cash withdrawals from the Bank requested by the Business Manager or his/her designee, require the concurrence of the Commissioner, Department of Administration.  The Commissioner will not unreasonably withhold such concurrence. 

29.11 Leave Administration.

tc "29.11 - Leave Administration" \f C \l 2Except as provided above, the provisions of Personnel Memo 94.1 will be in effect and it is hereby incorporated as an appendixAppendix C.  The Employer may update or revise the Appendix C memorandum from time to time to implement this Article.  If the State chooses to update or revise the Appendix C memorandum it will provide the Association with the change(s) it intends to make and allow the Association a reasonable time to provide its input on the change(s) before a new memorandum is issued.

29.12 Leave Balance Accounting.

tc "29.12 - Leave Balance Accounting" \f C \l 2Leave balances will be maintained in hours.  Employees who move into the Supervisory Unit will not have their leave balances inflated or deflated as a result of differences in workweek.

29.13 Seasonal.

When incumbents of seasonal positions are placed on seasonal leave without pay, such an employee remains the incumbent of the position and is not on layoff status during the period of leave without pay.  Upon being placed on leave without pay, seasonal employees may elect to carry over not more than one hundred eighty-seven and one-half (187.5) hours of personal leave for use upon their return to work.  Where the Employer determines that a seasonal employee will be on seasonal leave without pay for forty-five (45) consecutive days or less, the employee may elect to carry over their entire leave balance.  Any additional personal leave balance will be cashed out as a lump sum.  Whenever practical, seasonal employees will be given fifteen (15) days notice prior to entering seasonal leave without pay status.  The Employer will provide an additional thirty (30) calendar days of health insurance for seasonal employees commencing on the first day of seasonal leave without pay.

ARTICLE 30 - Discipline and Notification

30.1 Employee Notice.

The Employer agrees that with the exception of gross disobedience, dishonesty, intoxication, substance abuse, physical misconduct, abusive or lewd behavior, or abandonment of duties, all permanent employees will be given two (2) weeks notice or two (2) weeks pay prior to discharge.  The employee will be notified, in writing, of the reason(s) for discharge prior to termination. 

In cases of suspension, the employee will be notified in writing of the reason(s) for the suspension concurrent with commencement of the action. 

If the employee chooses to seek review of any of the actions taken, as enumerated above, such review will be requested in accordance with the grievance procedure. 

30.2 APEA/AFT Notification.

In cases of discipline, suspension or demotion, the Employer agrees to notify APEA/AFT in writing concurrent with commencement of the action.

30.3 Employer Notification.

Each permanent employee will give the Employer two (2) weeks notice before leaving employment, unless mutually agreed beforehand between the Employer and APEA/AFT. 

30.4 Substance Abuse.

An employee who uses an intoxicant on the job, or reports to work intoxicated will be immediately relieved of his/her duties and removed from the work place.  Within ten (10) working days, the employee must provide proof to his/her supervisor of having undergone assessment screening for substance abuse.  The proof must contain the treatment recommendations of the State certified screening program.  On a monthly basis the employee must furnish the supervisor with proof of his/her continuing participation in the recommended treatment until completed.  Nothing in this Section precludes the Employer from taking disciplinary action as may be appropriate.

ARTICLE 31 - Availability of Parties to Each Other

APEA/AFT and the Employer agree to meet at reasonable times for discussion of this Agreement, its interpretations or modifications.  APEA/AFT and the Employer agree to designate representatives in accordance with internal procedures having authority to negotiate for their respective interests.

ARTICLE 32 - Conclusion of Collective Bargaining

This Agreement is the entire Agreement between the Employer and APEA/AFT.  The parties acknowledge that they have fully bargained with respect to terms and conditions of employment and have settled them for the duration of this Agreement.  This Agreement terminates all prior agreements and understandings and concludes all collective bargaining for the duration of this Agreement. 

Prior to enacting any change in the terms and conditions of employment, as established by a specific provision of this Agreement, the Commissioner of the Department of Administration will obtain the approval of APEA/AFT in the form of a Letter of Agreement.  Prior to enacting any change in any mandatory subject of bargaining which is not established by a specific provision of this Agreement, nor a subject of a written negotiations proposal, APEA/AFT will be notified in advance of the proposed change thereby enabling them to negotiate on that change.  In addition, prior to proposing any change in the Personnel Rules, the Commissioner of the Department of Administration will allow APEA/AFT a reasonable time to make a statement of its views and suggestions concerning the desirability of the proposed changes. 

  ARTICLE 33 - Superceding Effect of this Agreement

If there is any conflict between the terms of this Agreement and any Division of Personnel & Labor Relations memoranda or rules of the merit system, the terms of this Agreement will supersede those memoranda or rules in their application to the bargaining unit.

ARTICLE 34 - Conditions not Specifically Covered

In the event of any enactment by the legislature that creates “terms or conditions of employment”, as defined by AS 23.40.250(9), which are not specifically covered by this Agreement, the parties agree to negotiate immediately for the purpose of arriving at a mutually satisfactory supplement covering such operation.

ARTICLE 35 - Savings Clause

35.1 Violations XE "violations" .

If an Article or part of an Article of this Agreement should be decided by a court of competent jurisdiction or by mutual agreement of the Employer and APEA/AFT to be in violation of any Federal, State or local law or if adherence to or enforcement of an Article or part of an Article should be restrained by a court of law, the remaining Articles of the Agreement will not be affected.

35.2 Replacement.

If a determination or decision is made pursuant to Section 35.1 that part of this Agreement is in violation of Federal, State or local law, the parties to this Agreement will convene immediately for the purpose of negotiating a satisfactory replacement. 

35.3 Compliance.

Should this Agreement or any Section or Article be found not in compliance with Federal regulations and where compliance with such regulations are required as conditions for the receipt and expenditure of Federal funds, the Employer and APEA/AFT agree to immediately convene and renegotiate the Agreement, Section or Article to comply with such regulations.

ARTICLE 36 - Legislative Action

36.1 Submission of Legislation.

The Employer agrees to submit legislation that may be necessary to implement the monetary terms of this Agreement at the earliest possible date pursuant to AS 23.40.215.

36.2 Reentering Negotiations.

If the legislation submitted pursuant to 36.1 is not passed by the end of the legislative session in which submitted, or if such legislation is rejected, the parties agree that impasse exists in accordance with AS 23.40 and the “No Strike-No Lockout” provisions will become null and void.

ARTICLE 37 - Legal Trust Fund

A.         In addition to the wages paid per Article 24, the Employer agrees to pay the Alaska Public Employees Association/AFT Legal Trust Fund XE "legal trust fund"  (hereinafter the Fund)

            $12.00 per month per Bargaining Unit Member in pay status in the month in which the contribution is made.

B.         The Employer will remit the amount due for the previous month to the Fund by the tenth (10th) of each month.

C.        The Fund will be sponsored and administered by APEA/AFT and the Employer will have no voice in the amount or type of service provided by this plan, however, services provided by the Fund will not be used in actions involving or in a position adverse to the State of Alaska.  The Fund will attempt to obtain the maximum service possible for the employees.

D.        This Article confers only the right to demand and enforce payment of the required contributions.  Failure by the State to remit the required contribution does not give rise to any grievance or cause of action by the Association, its members or any other person for other harm or damages that might result from the failure of the State to remit the required contribution.  The provision or retention of legal assistance under this Article is the sole and exclusive responsibility of the Association and/or the member.  Unless such actions are taken to demand and enforce payment by the State of the required contributions, the Association agrees to defend, indemnify and hold harmless the State against any and all legal actions, orders, judgments or other decisions rendered in any proceeding as a result of the implementation of this Article.

ARTICLE 38 - State-Owned/Controlled Housing XE "housing"

The parties agree that the following is the rental schedule for Bargaining Unit Members living in State-owned or State-controlled housing.

38.1 Factors to be Used in Determining Rent XE "rent" .

A.         Dwelling Units XE "rent:dwelling units" . The following factors are to be used in the rental formula for assessing rental charges for State housing units:

      1.   Rental Base XE "rent:rental base" : The typical rent for an unfurnished unit in Anchorage with a particular number of bedrooms. 

      2.   Facility Condition XE "rent:facility condition" : The index of facility condition in terms of "Good," "Fair," or "Poor."

      3.   Adjusted Rent XE "rent:adjusted rent" : The figure derived from application of the facility condition index to the rental base.  The adjusted rent figure will be used for the calculation of the amenities lacking and the imposition-on-privacy deductions.

      4.   Required-to-Live XE "rent:require-to-live" : A deduction of 25 percent allowed for protection of property or for the convenience of the State where applicable.

      5.   Imposition-on-Privacy XE "rent:imposition-on-privacy" : A deduction of 10 percent of the adjusted rent allowed for the use of a portion of the facility for State business if applicable.

      6.   Amenities Lacking XE "rent:amenities lacking" : Percentage of the adjusted rent to be deducted due to lack of fire and/or police protection.

      7.   Geographical Differential XE "rent:geographical differential" : The coefficient used to adjust an Anchorage-based rent to a level appropriate for a specific location outside of Anchorage.  See Section 9 for list of coefficients by election district.

      8.   Travel Allowance XE "rent:travel allowance" : Deduction allowed for locations involving unusual transportation costs.

38.2 Rental Formula.

The rental formula is as follows:

            [[[((RB x CI) - (AL + IP)) GDF] - TA] RTL] + UC = FCR

Or calculated FCR is:

             RB

            x CI

 Subtotal  1

                          Subtotal 1

                        -(Subtotal 1 x AL) + (Subtotal 1 x IP)

                          Subtotal 2

                                       Subtotal 2

                                    x GDF        

                                       Subtotal 3

                                                   Subtotal 3

                                                 - TA           

                                                   Subtotal 4

                                                               Subtotal 4

                                                            x RTL         

                                                               Subtotal 5

                                                                           Subtotal 5

                                                                        + UC          

                                                                           FCR

GDF is the geographical differential factor for a particular location.

CI is the facility index:

            1.0  = Good

            0.8  = Fair

            0.6  = Poor

RB is the typical rental base for an unfurnished unit in Anchorage with a particular number of bedrooms.

RTL is the reduction for required-to-live; when used in the formula the RTL equals .75.

AL is the deduction for amenities lacking.

IP is the deduction for imposition-on-privacy.

TA is the allowance for excessive travel.

UC is the utility charge for all units except bunkhouses.

FCR is the formula calculated rent.

and:

Amount of rent to be paid will be the lesser of the following:

A.         Twenty-five percent of employee's gross income (standby and overtime compensation excluded) as an employee of the State of Alaska; or

B.         "FCR" resulting from exercise of formula.

38.3 Rental Base Schedule.

                                                                                    NUMBER OF BEDROOMS

ALL TYPES OF STRUCTURES                                 0          1          2          3 or more

(Mobile Homes, Apartments or Houses)                     $359    $454    $532    $588

Rental Base Unit Notes:

A.         Units are assumed to be unfurnished.  All units are to include one (1) refrigerator, one (1) stove, one (1) washer, one (1) dryer, and window coverings.

B.         Units are assumed to be in "Good" condition.  A lesser condition will be compensated for by application of the "condition index."

38.4 Facility Condition.

State housing units are classified into the following three (3) condition categories:

A.         "Good"--wear and tear may be evident and/or is in need of minor repairs; insulation for winter use is adequate or heating plant capacity is able to compensate for inadequate insulation; water is reliable, adequate and safe for household use; reliable and adequate electrical service; reliable and adequate fuel available for heating, hot water and cooking needs.

B.         "Fair": wear and tear is evident and/or unit is in need of significant repair; insulation for winter use is adequate or heating plant capacity is able to compensate for inadequate insulation.

C.        "Poor": unit is marginally habitable and is in serious need of repair or insulation for winter use is less than adequate.  The heating plant is not able to compensate for lack of insulation.

38.5 Required to Live.

 XE "housing:required to live" In cases where the Commissioner of a department requests, and the Commissioner of the Department of Administration approves, an employee to occupy a State-owned or State-controlled facility for either the protection of State property or for the convenience of the State a deduction of 25 percent is allowable. In no case will the total deductions reduce the rental base more than 50 percent.

38.6 Imposition on Privacy.

 XE "housing:imposition of privacy" In cases where the head of a department requests the use of a portion of the facility for the purpose of accommodating official visitors, for use as office space, or for the general convenience of the public, a deduction of 10 percent of the adjusted rent is allowable.  Only one (1) deduction is allowed per agency per location.  In no case will the total deductions reduce the rental base more than 50 percent.

38.7 Amenities Lacking.

 XE "housing:amenities lacking" A deduction from the adjusted rent equal to 2 percent will be allowed for lack of fire and/or police protection, up to a maximum of 4 percent for the unit in question.  In no case will the total deductions reduce the rental base more than 50 percent.

38.8 Travel Allowance.

 XE "housing:travel allowance" In some cases the State supplies quarters to its employees in locations where minimal community services are available only at some distance from the location of the quarters. In this situation the Department of Administration will grant a deduction from the chart listed below, to offset the direct economic effects of the unusual transportation costs incurred.  The nearest established community as defined in this section is to be used as the base community for calculating the deduction.  A community must be deficient in more than one (1) of the listed services if a town farther away is to be selected as the base for calculating the distance deduction. 

            Distance in miles, one (1) way for

            surface travel or air travel                               Maximum monthly

            if surface travel not available                              deduction

            Less than 10 miles                                          No deduction

            10 but less than 20                                          $ 15.00

            20 but less than 30                                             25.00

            30 but less than 40                                             35.00

            40 but less than 50                                             45.00

            50 but less than 60                                             55.00

            60 but less than 70                                             65.00

            70 but less than 90                                             80.00

            90 but less than 110                                           95.00

            110 and more miles                                         110.00

For purposes of calculating a deduction under this Section, an established community is a population center offering the minimal community services listed below on a year-round basis, or alternatively, approximately the same seasonal basis as the occupancy of the State rental quarters under consideration. Conformity with this definition, without regard to population size or other criteria is the sole basis for identification of an established community. 

            SERVICES                              MINIMUM

            Medical                                    Physician, one (1) dentist

            Educational                             Public elementary and high school (unless transportation is provided without charge, to a borough, or district school)

            Shopping                                 Grocery, drugs, clothing, hardware and general household

                                                            needs

            Religious                                 Congregation of two (2) faiths, or denominations

            Public Transportation              Connection with at least one (1) major town or city by

                                                            Common carriers (i.e., trucking, airport, bus)

In no case will total deductions reduce the rental base more than 50 percent.

38.9 Geographical Differential Factors XE "housing:geographical differential factors" .

            Election District in Which                                            Applicable Geographical

            Facility is Located                                                       Differential Factor

                               1                                                                           1.0000

                               2                                                                           1.0375

                               3                                                                           1.0375

                               4                                                                           1.0000

                               5                                                                           1.0750

                               6a excluding Valdez Duty Station                        1.1500

                               6b Valdez Duty Station                                        1.1875

                               7                                                                           1.0375

                               8                                                                           1.0000

                               9                                                                           1.0750

                             10                                                                           1.0750

                             11                                                                           1.0750

                             12                                                                           1.2625

                             13                                                                           1.2625

                             14                                                                           1.3000

                             15a excluding Nenana Duty Station                       1.3375

                             15b Nenana Duty Station                                       1.3000

                             16a South of Arctic Circle                                      1.1500

                             16b North of Arctic Circle                                       1.3375

                             17                                                                           1.3375

                             18                                                                           1.2625

                             19                                                                           1.2625

Note: These ratios are derived from AS 39.27.020 and will be adjusted as required in accord with Article 24.2.B.

38.10 Utility Charge XE "housing:utility charge" .

The utility charge will be one hundred and fifty-eight dollars ($158.00) per month for all units.

38.11 Mobile Home Pad Rental Rate XE "housing:mobile home pads" .

The rental rate for mobile home pads will be fixed at one hundred and forty-two dollars ($142.00) a month and is not subject to reduction or increase by geographic differential.

38.12 Damage Deposit. XE "housing:damage deposit"

A damage deposit of two hundred and fifty dollars ($250.00) is required for each unit.  This deposit is refundable in full or part based on the condition of the unit, allowing for reasonable wear and tear, at the time of final inspection.

38.13 Clean-Up Deposit/Mobile Home Pads Only. XE "mobile home pads"  XE "mobile home pads:clean-up deposit"

A clean-up deposit of two hundred and fifty dollars ($250.00) for each mobile home pad is required for utility disconnect and pad clean-up. This deposit is refundable if upon inspection the pad is found to be clean and free of debris.

38.14 Payroll Deductions/Disputed Amounts.

Rent and utilities will preferably be paid by payroll deduction.  If a dispute between the State and an employee develops concerning the unit's condition as provided for in Landlord-Tenant Act, payment will continue and the State agrees to establish a separate account into which monthly rent will be deposited until the dispute is resolved.  When a settlement is reached, the disputed funds will be disbursed appropriately.

38.15 Bunkhouse Rental Rates.

 XE "housing:bunkhouse" The standard bunkhouse room rental rate will be one hundred and five dollars ($105.00) a month for each occupant.

There will be no charge for utilities to bunkhouse residents.  All bunkhouse units will be furnished.  No damage deposit will be required of bunkhouse residents.

38.16 Pet Limitation.

 XE "housing:pets" Employee occupants who own pets will ensure that their pets are not nuisances and do not create unsanitary conditions in/around quarters.  All pets must be leashed or otherwise under direct control of their owners while on State-owned or State-controlled premises.  Ownership of kennels, dog teams, livestock, horses and other exotic pets is prohibited on State-owned or State-controlled premises.  Owners of pets are responsible and liable for injury, damage or loss caused by their pets.

ARTICLE 39 - Printing of the Agreement

The parties agree that an APEA/AFT representative and a person appointed by the Employer will meet and mutually agree on the format, size, and specifications of the Agreement to be printed. The Employer will print or be responsible for the printing of the Agreement.  The parties will designate the number of copies of the Agreement each desires and each party will be responsible for the cost involved in printing that number of copies.  APEA/AFT will be responsible for the distribution of the copies to its membership and such copies may be distributed during working hours.

ARTICLE 40 - tc "Article 40 - Duration of Agreement" \f C \l 1Duration of the Agreement

40.1 Effective Dates. 

This Agreement will become effective on July 1, 2007 2010 and will continue in effect until June 30, 20102013.

40.2 Reopener.

At the request of either party, this Agreement may be reopened for the purpose of dealing with effects of the Health Care and Education Reconciliation Act.  Any request to reopen this Agreement shall be made on or before February 1, 2011.

4.3 Negotiations for a Successor Agreement. 

Either party may give written notice during the period from October 1, 20092012, until October 31, 20092012, of its desire to negotiate a new agreement.  Negotiations will commence on or after December 1, 20092012.

Entered into at Juneau, Alaska.

For the State of Alaska:                                                 For Alaska Public Employees Association/AFT:

__________________________________                       ______________________________________

Annette Kreitzer                                                                        Bruce Senkow

Commissioner                                                              APEA/AFT President/Northern Negotiator

Department of Administration

__________________________________                       ______________________________________

Kent Durand                                                                 Bruce Ludwig

Chief Spokesperson                                                      Chief Spokesperson

__________________________________                       ______________________________________

Michael Barber                                                             Bill Parker

Negotiator                                                                    South Central Negotiator

__________________________________                       ______________________________________

Alison Elgee                                                                 John White

Deputy Commissioner                                                   Southeast Region Negotiator

Department of Health & Social Services

Negotiator

__________________________________                       ______________________________________

Sharon Dick                                                                  Scott Leigh

Negotiator                                                                    Northern Negotiator

                                                                                    ______________________________________

                                                                                    Dean Williams

                                                                                    South Central Negotiator

                                                                                    ______________________________________

                                                                                    Pete Ford

                                                                                    Staff Negotiator