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Under Inclement Weather: Memo to Staff & Faculty

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DATE: October 8, 2012
TO: All College Staff and Faculty
FROM: David W. Sykes, Dean of Finance and Administration
RE: Bargaining Unit Contract Language Regarding Inclement Weather

Instructions specific to certain bargaining units can be obtained through the bargaining unit contract. For your convenience, included in this memo is the bargaining unit contract language specific to inclement weather. If the college is open, classes not cancelled and weather/roads are questionable, this is what your contract provides for you. As always, each individual must make his or her own judgment regarding the conditions of the roads.

Part Time Hourly Employees

When the College is closed, opening is delayed or early release is ordered, part-time hourly employees are not paid for hours not worked, unless the absence can be covered with accrued leave. Recognizing that certain groups of part-time employees are not eligible for vacation or personal leave, part-time hourly employees will be permitted to make-up missed hours whenever possible, subject to the operating needs of the College.

4C's Contract Language on Inclement Weather

1) Article X, Section 6G; and
2) Agreement for Part-time4 employees,
Article IX - Working and Workload Conditions,
Section D. Inclement Weather or Other Emergency Condition

"Article X Working Conditions and Work Load
Section 6. General Provisions
G. Inclement Weather or Other Emergency Condition

  • a. Pursuant to Board policy, when the President determines that classes or other college services should be cancelled due to inclement weather or other emergency condition, the college shall be closed and only essential employees are expected to report to work. In such a situation, no non-essential employee will be required to use accrued leave. However, academic requirements must be made up in a manner approved by the President or his/her designee.
  • b. Administrators, counselors and librarians who are at work when a decision to close the college is made may leave at the effective time of closing. Such employees may also choose to leave before the effective time of closing, but in such case they shall be required to use accrued leave to cover the period between the time of their departure and the time that the college closes.
  • c. Administrators, counselors and librarians who are not at work when the decision to close the college is made are expected to report unless the scheduled beginning of their work day coincides with or is later than the time that the college will close. Such employees may choose not to report to work but in such case they shall be required to use accrued leave to cover any period between the scheduled beginning of their work day and the time that the college closes.
  • d. When the college opening is delayed due to inclement weather or other emergency condition, administrators, counselors and librarians who do not come to work, or who come to work after the time of the delayed opening, will be required to use accrued leave to cover any portion of their scheduled work day following the delayed opening when they are not at work.
  • e. If the Governor directs that non-essential employees delay their arrival, leave early or otherwise modify their work hours, no non-essential employee will be required to use accrued leave.

Essential employees may be required to report to work as scheduled and/or to remain at work until the college is closed. It is understood that the late arrival (up to 2 ˝ hours) of essential personnel, due to the severity of the conditions, will not be charged to the unit member’s leave balances. For purposes of this provision, essential employees are bargaining unit supervisors of employees in maintenance and security positions.

The parties recognize the desirability of providing timely notice of class cancellation and college closing due to inclement weather or other emergency condition to clinical nursing instructors. Every effort will be made to inform the Directors of Nursing of cancellation by 6:00 a.m. or as soon thereafter as reasonably possible.

Decisions reserved to the President or his/her designee under this section shall be final.”

"Agreement for Part - Time Employees
Article IX - Working and Workload Conditions
Section D. Inclement Weather or Other Emergency Condition

Pursuant to Board policy, when the College is closed, opening is delayed or early release is ordered due to inclement weather or other emergency condition, nonessential employees are not expected to report to work. In such circumstances, nonessential employees may charge the time to accrued leave or may make arrangements to make up missed hours, subject to the operating needs of the college. Academic requirements must be made up in a manner approved by the President or his/her designee. .

In cases of college closure, delayed opening or early release, pursuant to Board policy, essential employees may be required to report to work as scheduled and/or to remain at work until the college is closed. It is understood that the late arrival (up to 2 ˝ hours) of essential personnel, due to the severity of the conditions, will not be charged to the unit member’s leave balances. For purposes of this provision, essential employees are bargaining unit supervisors of employees in maintenance and security positions. .

The parties recognize the desirability of providing timely notice of class cancellation and college closing due to inclement weather or other emergency condition to clinical nursing instructors. Every effort will be made to inform the Directors of Nursing of cancellation by 6:00 a.m. or as soon thereafter as reasonably possible.

The parties recognize the desirability of providing timely notice of class cancellation and college closing due to inclement weather or other emergency condition to clinical nursing instructors. Every effort will be made to inform the Directors of Nursing of cancellation by 6:00 a.m. or as soon thereafter as reasonably possible.

Decisions reserved to the President or his/her designee under this section shall be final.”

See the link to the 4C's website:
http://www.the4cs.org

AFSME (NP-3) Contract

Article 28, Section 13

Lateness Due to Inclement Weather or Hazardous Driving Conditions
"When an employee is late for work due to inclement weather or hazardous driving conditions, the employee shall not be charged for such lateness provided that he/she arrives at work within an hour of the start of the shift.

In exceptional situations, up to 2 1/2 hours may be excused without charge to the employee’s leave balances if the severity of conditions so warrants. In assessing whether or not to excuse lateness in excess of an hour, consideration will be given to the time the employee arrives at work when compared to other employees traveling to work under similar circumstances.

Failure to excuse lateness of up to 2 1/2 hours shall be subject to the grievance and arbitration provisions of this Agreement. In any arbitration of a dispute under this Section, unless the Employer can be shown to have acted arbitrarily and capriciously, the arbitration shall give substantial weight to the judgment of the Employer.

This Section shall not apply if the employee fails to report to work.”

See the link to the NP-3 Contract found on the OPM homepage. Under Featured Links, choose Labor Contracts. Then choose NP-3, Administrative Clerical. http://www.ct.gov/opm/site/default.asp .

Administrative and Residual (A & R/P-5)

Article 16, Section 6

" When the employee is late for work due to inclement weather, hazardous driving conditions, or mass transportation failures, the employee shall not be charged for such lateness provided that he/she arrives at work within an hour of the start of the shift. In exceptional circumstances, up to 2 ˝ hours may be excused without charge to the employee’s leave balances if the severity of conditions so warrants. In assessing whether or not to excuse lateness in excess of an hour, consideration will be given to the time the employee arrives at work when compared to other employees traveling to work under similar circumstances.

Failure to excuse lateness of up to 2 ˝ hours shall be subject to the grievance and arbitration provisions of this Agreement. In any arbitration of a dispute under this Section, unless the Employer can be shown to have acted arbitrarily and capriciously, the arbitrator shall give substantial weight to the judgment of the Employer.

In those cases in which either the additional 1 ˝ hours are not credited to the employee, or the lateness exceeds 2 ˝ hours, said employee may opt to either make up said time or charge said excess time to accrued leave.”

See the link to the P-5 Contract found on the OPM homepage. Under Featured Links, choose Labor Contracts. Then choose P-5, Administrative and Residual http://www.ct.gov/opm/site/default.asp

Maintenance & Service Unit (NP-2)

Article 49 - Snow and Ice Assignments
Article 50 - Availability of Employees with a Snow and Ice Assignment during Off-Duty Hours

Article 49. Snow and Ice Assignments

"Section One. (a) Annually, prior to November 1, the employer shall designate those employees having a snow and ice control or removal assignment or related assignment. Employees whose normal duties are not related to snow and ice control or removal work shall not be designated for such assignment. (b) Snow and ice control or removal or related assignments shall not be added to job specifications during the term of this Agreement without negotiation with the Union.

Section Two. Where an agency requires additional personnel for snow and ice control work, it shall poll its bargaining unit employees other than those who have traditionally not had such assignments, prior to November 1 of each year to determine their willingness to volunteer for snow and ice control or removal work or related assignments at each such agency. Each volunteer selected to work snow and ice control or related assignment shall have that assignment for the entire snow and ice control or removal season (November 1 through April 30) and will also be expected to be available for the entire snow season.
In the event that the State utilizes all qualified volunteers and there are still insufficient employees for snow and ice control or removal, the employer may poll employees outside of the bargaining unit, and if there still are not sufficient employees, the State may then designate additional employees in the bargaining unit to work snow and ice control or removal assignment or related assignment. Such designation shall be made only for employees who have in previous years volunteered or by job classification have worked snow and ice control or related assignment. However, bargaining unit employees preferences for snow and ice assignments (i.e. those who are deemed volunteers/ “spare help” from within the bargaining unit) will be accommodated first and foremost over qualified volunteers from outside the bargaining unit.

Section Three. When employees are called out or held over at the end of their normal work day for snow and ice control or removal or related work, they shall not be required to perform unnecessary or "make work" tasks unless there are no snow and ice control or removal or related work assignments available.

Section Four. The employer shall provide appropriate rest, toilet and eating facilities for the employees to the best of its ability. The employer shall continue to provide and maintain cots at each location where rest periods occur under Article 52.

Section Five. As used in this Article, the term "emergency" means "a situation or occurrence of serious nature developing suddenly and unexpectedly and demanding immediate action."

Article 50. Availability of Employees with a Snow and Ice Assignment During Off-Duty Hours
Section One. There is no standby requirement for employees with a snow and ice assignment. No employee will be subject to disciplinary action for failing to remain at home awaiting a notice to report for emergency snow and ice work. This means if an employee is called by his/her supervisor for emergency work and he/she is not available, no disciplinary action will be taken against him/her.

However, if an employee is contacted by his/her supervisor and he/she fails to report, without an acceptable reason, he/she may be subject to disciplinary action.

Section Two. In the event a storm starts during the regular work day and continues beyond the regular work hours, each employee with a snow and ice assignment who is needed will be expected to continue to work.

Section Three. If an employee assigned to winter maintenance operations is off-duty and observes that weather conditions are impairing highway travel or that hazardous driving is likely to result, he/she will make a completed phone call to his/her assigned work location for instructions whether he/she is to report for work. Employees are expected to make reasonable efforts to monitor weather conditions. If the supervisor is absent from his/her office, he/she will assign an authorized spokesperson to speak for him/her. The employee will be expected to follow the instructions he/she receives.

Section Four. Employees reporting for snow and ice removal or other emergency work shall be on the clock and paid from the time he/she receives the call to report, provided he/she reports within a reasonable time of the initial call.

Section Five. An employee who is consistently unavailable may be subject to disciplinary action."

See the link to the NP-2 Contract found on the OPM homepage. Under Featured Links, choose Labor Contracts. Then choose NP-2, Maintenance http://www.ct.gov/opm/site/default.asp