J17 Collective Bargaining Agreement.pdf

AGREEMENT

Between

Alternate Perspectives Inc.

And

IUE-CWA-AFL-CIO and its Local 206

Effective

July 1, 2020

Through

December 31, 2022

TABLE OF CONTENTS

Page

Article 1 – RECOGNITION 4

Article 2 – MANAGEMENT RIGHTS 4

Article 3 - UNION DUES/SERVICE FEES 5

Article 4 - PAYROLL DUES DEDUCTION 6

Article 5 – WAGES 7

Article 6 – PROBATION 8

Article 7 – EXISTING TERMS 8

Article 8 – EQUAL OPPORTUNITY/AFFIRMATIVE ACTION 9

Article 9 – WORKING CONDITIONS 9

Article 10 – AMERICANS WITH DISABILITIES ACTS 23

Article 11 – STAFF MEMBER OVERPAYMENTS 23

Article 12 – GRIEVANCE AND ARBITRATION PROCEDURE 24

Article 13 – HOURS OF WORK 27

Article 14 – VACATION LEAVE 31

Article 15 – MASSACHUSETTS EARNED SICK LEAVE POLICY 32

Article 16 – LEAVE WITHOUT PAY 35

Article 17 – HOLIDAYS 36

Article 18 – BEREAVEMENT LEAVE 37

Article 19 – MILITARY LEAVE 37

Article 20 - LEAVE FOR VETERANS TO PARTICIPATE IN VETERANS OR

MEMORIAL DAY EXERCISES 38

Article 21 – FAMILY AND MEDICAL LEAVE 38

Article 22 – MASSACHUSETTS PARENTAL LEAVE ACT LEAVE 39

Article 23 – MASSACHUSETTS SMALL NECESSITIES LAW 40

Article 24 – MASSACHUSETTS DOMESTIC VIOLENCE LEAVE 41

Article 25 – MASSACHUSETTS PAID FAMILY LEAVE ACT 41

Article 26 – JOB DESCRIPTIONS 42

Article 27 – PROVISION OF EMPLOYEE DATA 42

Article 28 – INCLEMENT WEATHER AND STATES OF EMERGENCY 43

Article 29 – SAFETY 44

Article 30 – PERFORMANCE EVALUATIONS 45

Article 31 – LABOR MANAGEMENT RELATIONS COMMITTEE 46

Article 32 – DISCIPLINE PROCESS 46

Article 33 - USE OF VEHICLES 50

Article 34 – ELECTRONIC MONITORING 51

Article 35 – REPRESENTATION 51

Article 36 – RIGHT OF ACCESS TO COMPANY PREMISES 52

Article 37 – NEW HIRE ORIENTATION 52

Article 38 – UNION OFFICE LEAVE OF ABSENCE 52

Article 39 – EMPLOYEE BENEFITS 53

Article 40 – CONTINUATION OF HEALTH CARE COVERAGE 54

Article 41 – TEMPORARY EMPLOYEES 56

Article 42 – JURY DUTY/OTHER COURT DUTY 56

Article 43 – SOLICITATIONS, DISTRIBUTIONS, AND USE OF

BULLETIN BOARDS 57

Article 44 – JOB POSTING AND BIDDING 58

Article 45 – DEPARTMENT OF LABOR FUNDING CHANGES 58

Article 46 – DRUG FREE WORKPLACE 59

Article 47 – ZERO TOLERANCE 59

Article 48 – DRUG AND ALCOHOL TESTING 60

Article 49 – LEGALITY OF PROVISIONS 62

Article 50 – ENTIRE AGREEMENT 62

Article 51 – NO STRIKE/LOCKOUT CLAUSE 63

Article 52 – CONTRACT DURATION 63

APPENDIX 64

COLLECTIVE BARGAINING AGREEMENT

PREAMBLE

This Agreement is made and entered by and between Alternate Perspectives, Inc. (“API”) hereinafter collectively referred to as “API” and/or the “Company” providing services at the Westover Job Corps Center (the “Center”) located at 103 Johnson Rd., Chicopee, Massachusetts, 01022 and the IUE-CWA, AFL-CIO and its affiliated Local 81206, (hereinafter referred to as the “Union”) located at 2701 Dryden Rd. Dayton, Ohio 45439.

Collectively the Company and the Union are “the Parties”.

SAVINGS CLAUSE

In the event any article, section, or portion of this Agreement shall be held invalid and unenforceable by any court, or higher authority of competent jurisdiction, such decision shall apply only to the specific article, section, or portion thereof specified in the decision.

Upon issuance of such a decision, API and the Union agree to immediately negotiate a substitute for the invalidated article, section, or portion thereof.

Article 1

RECOGNITION

API recognizes Local 206 as the exclusive bargaining representative with respect to rates of pay, wages, hours of employment, and other terms and conditions of employment for those classifications at the Westover Job Corps Center that are set forth in Appendix A, attached hereto. All classifications not listed in Appendix A are excluded from the bargaining unit, including on-call, temporary, security, managerial, confidential, and supervisory employees as defined by the National Labor Relations Act.

Article 2

MANAGEMENT RIGHTS

Except to the extent expressly abridged by a specific provision of this Agreement, the Company reserves and retains solely and exclusively, all rights to manage the business.

It is agreed that the Company alone shall have the authority to determine and direct the policies, procedures, modes, schedules and methods of operating the business. Without limiting the generality of the foregoing, the sole and exclusive rights of management include, but are not limited to, the right to determine and re-determine the number, location and type of its center and operations, including the right to move or close its business or any part thereof; the methods, materials and processes to be employed; to discontinue or automate processes or operation; the right to select its staff; the right to determine and change job content, and to create, combine and eliminate job classifications, and establish rates of pay therefore; to determine the size and composition of its work force; to determine the methods of operation; to determine the number and type of equipment, machinery, materials, products and supplies to be used and operated;

to hire, promote, transfer, reclassify, assign, reassign, demote, layoff and recall staff to work; to discipline, suspend or discharge for just cause; to determine the assignment of work and overtime; to determine, assign and change schedules and shift assignments, and the hours and days to be worked on each job and shift; to discontinue, transfer, sub-contract or assign its business; to control and regulate or discontinue the use of supplies, machinery, equipment, vehicles and other property owned, used, possessed, or leased by the Company; to make, change and enforce policies, procedures and to promulgate reasonable Center rules; to introduce new, different or improved methods, means and processes of operation; and otherwise generally to manage the business and direct the work force.

The Company’s failure to exercise any function or right hereby reserved to it, or its exercising any function or right in a particular way, shall not be deemed a waiver to its right to exercise such function or right, nor preclude the Company from Exercising the same in some other way not in conflict with the express provisions of the Agreement.

Nothing in this agreement shall constitute or be construed as a waiver by the Union of its right to bargain over changes in mandatory bargaining subjects as defined by law.

Article 3

UNION DUES/SERVICE FEES

3.1. It shall be a continuing condition of employment that all bargaining unit members shall either become members of the Union within thirty (30) days following the execution of this Agreement or shall pay a service fee in an amount not greater than the monthly dues paid by members of the Union. Adherents of a religion, the tenets of which oppose joining or financially supporting any employee organization on religious grounds may invoke that belief by submitting a religious objection. A Bargaining Unit Member deemed exempt from paying any fee for activities because of a bona fide religious objection will be required to pay an amount equal to the reduced fee to a 501 (c) (3) non-profit organization agreed to by the Bargaining Unit Member and the Union. In the event of a dispute as to whether a Bargaining Unit Member does have a bona fide religious objection, the matter will be submitted to a neutral arbitrator for determination. The proceedings will be held in conformity with the arbitration rules of this Agreement. Local 206 will pay for the arbitration fee.

3.2. Bargaining Unit Members who pay dues and Bargaining Unit Members who pay a service fee shall pay amounts set by the Union. These amounts may be subject to change once each year of this Agreement as a result of the Union’s notice to the Employer and appropriate Bargaining Unit Members mailed thirty (30) days prior to the change.

3.3. The Union shall indemnify and hold API harmless against any and all claims arising from actions taken by the Union with regard to the collection of initiation fees, agency service fees, or the resolution of disputes concerning initiation fees or agency service fees, including any costs’ for attorneys (attorneys to be selected by API), expert witnesses, and other litigation expenses.

Article 4

PAYROLL DUES DEDUCTION

4.1. The Union shall provide a voluntary checkoff and API shall check off initiation fees, Union dues, and service fees from all bargaining unit members who submit an advance written authorization for such a checkoff. The amount to be deducted shall be certified to API by the Treasurer of the Union, and the aggregate deductions from all bargaining unit members shall be remitted monthly to the Union, along with an itemized statement.

4.2. API shall be relieved from making such payroll deductions upon a bargaining unit member's (a) termination of employment for any reason; (b) transfer to a job outside the bargaining unit; (c) layoff from work; (d) receipt of long- term disability benefits; or

(e) unpaid leave of absence.

4.3. API shall maintain the current voluntary political contribution deductions. Local 206 will continue to provide API with an alphabetical listing of contributors and a signed authorization from each contributor. The authorization form shall include the employee’s name, job title, social security number, and the amount to be deducted each pay period.

The form shall also include a statement informing the employee that the deductions will continue until the employee submits a written request to the Union requesting discontinuance. Should an employee request discontinuance, the Union will notify API of the employee’s request and provide it with a copy of the letter of discontinuance. All questions concerning political contribution deductions shall be referred to the Union’s office.

API will make monthly remittance payable to “CWA Dues” along with an alphabetical listing giving name, job title, social security number, the amount deducted each pay period, and the accumulative amount of deduction on a calendar year basis. The employee’s check stub will reflect “Union-POL” to identify the political contribution deduction. The monies collected from Union dues and initiation fees will be accounted for separately from those collected for political contribution deductions.

4.4. API assumes no obligation, financial or otherwise, arising out of the provisions of this Article or Article 3, and the Union shall indemnify and hold API harmless from any and all claims, grievances, arbitrations, awards, suits, attachments, or other forms of liability and legal fees arising out of or by reason of any action taken or not taken by the API for the purpose of complying with any other provisions of this Article or Article 3. The Union assumes full responsibility for the disposition of the funds deducted under Articles 3 and 4 as soon as they have been remitted by API to the Union.

Article 5

WAGES

5.1. Pay Periods/ Statement of Earnings

5.1.1. Center staff are paid every two (2) weeks based on the pay schedule for that location. If the normal payday falls on an API-recognized holiday, paychecks will be distributed one workday prior to the aforementioned schedule. Under no circumstances will the Company release any paychecks prior to the announced schedule.

5.1.2. Employees may be paid by check or through direct deposit of funds to either a savings or checking account at their bank of choice (providing the bank has direct deposit capability). The Human Resources Department will provide employees with the forms necessary to activate direct deposit, which may take several weeks to activate a direct deposit account. Employees will receive checks during the period of time that it takes to activate a direct deposit.

5.1.3. A statement of earnings is given each pay period just before payday or with the employees’ paycheck or paystub indicating:

Gross Pay (salary or hours worked) Statutory (payroll tax) Deductions Voluntary Deductions (contributions to health insurance, retirement plans, etc.)

Leave accrual and usage Other information required by applicable local law

5.1.4. The amount of Federal withholding is affected by the number of exemptions claimed on Form W-4, Employee’s Withholding Allowance Certificate. If an employee’s marital status changes or the number of exemptions previously claimed increases or decreases, a new Form W-4 must be submitted to the Human Resources Department.

Except in the case of extreme emergencies, no payroll advances will be made.

5.2. Overtime Compensation under the Fair Labor Standard Act

Non-exempt (hourly) employees are subject to the overtime requirements of the FLSA, which requires payment at one-and-a-half times the employee’s regular hourly rate for any hours worked in excess of forty (40) in any given work week. This does not include paid time off hours (strictly hours worked). Non-exempt employees are not required to work overtime but may be asked to work overtime by API on an as-needed basis.

Overtime must be approved in advanced by employee’s supervisor.

Exempt (salaried) employees are not subject to such overtime pay requirements.

5.3. Final Paychecks

When an employee voluntarily ends his or her employment relationship with API, he or she will receive his or her final paycheck no later than the next regularly scheduled payday. If an employee is involuntarily separated from employ with API and the employee’s primary worksite is located in Massachusetts the employee shall receive his/her final paycheck on the date of his/her separation from API.

5.4. Basis of Pay

There shall be no unlawful discrimination in the payment of wages within a job classification.

5.5. Performance Bonus

Employees represented by the Union will participate in the API Performance-based bonus system. Those represented employees who qualify for a bonus shall receive the bonus within fourteen (14) calendar days of the ratification of the Collective Bargaining Agreement, provided that ratification occurs prior to June 30, 2020.

Article 6

PROBATION

New staff shall be on probation for one hundred and twenty (120) calendar days from date of hire. The probationary periods may be extended by API for a period of not more than sixty (60) additional days, not to exceed a maximum of one hundred and eighty (180) days. Upon satisfactory completion of the probationary period, seniority shall be credited from date of hire. They will be a full fledge bargaining unit member at that time. During the probationary period, new staff members shall be subject to dismissal and shall not have recourse to the grievance procedure.

Article 7

EXISTING TERMS

Employees covered by this Agreement shall remain covered by all terms set forth in the API materials executed at the time of hire (i.e. job offer, job description, employee handbook, code of conduct, etc.) (hereinafter referred to as “On-boarding Paperwork”).

This On-boarding Paperwork shall be considered a part of this Agreement and shall remain in effect, as written, for the life of this Agreement. If any portion of the On-boarding Paperwork is inconsistent with specific language in this Agreement, then the language of the Agreement shall prevail.

Article 8

EQUAL OPPORTUNITY/AFFIRMATIVE ACTION

8.1. API is an equal opportunity, affirmative action employer. API’s philosophy is to treat individuals based on merit. API provides equal employment opportunity to qualified individuals without regard to age, gender, gender identity, genetic information, sexual orientation, race, disability, family, marital or employment status, political opinion, religion or religious creed, national origin, ancestry or ethnic origin, or protected veteran status in all actions regarding hiring, assignment, transfer, promotion, demotion, discharge, recruiting, advertising, compensation, lay-offs, participation in social and recreational functions, use of employee facilities and/or other terms and conditions of employment.

8.2. As part of the Company’s equal employment opportunity policy, API will also take affirmative action as called for by applicable laws and Executive Orders to ensure that minority group individuals, females, disabled veterans, recently separated veterans, other protected veterans, Armed Forces service medal veterans, and qualified disabled persons are introduced into our workforce and considered for promotional opportunities.

8.3. API expects each of its employees to be committed to the principle of equal employment opportunity and affirmative action. API will not tolerate or condone any act of illegal discrimination or harassment by our employees. Please see the Sexual and Other Unlawful Harassment Policy infra.

Article 9

WORKING CONDITIONS

9.1. Conduct

API requires order and discipline to succeed and to promote efficiency, productivity and cooperation among its employees. The orderly and efficient operations of API require that employees maintain proper standards of conduct and professionalism at all times.

9.2. API Fraternization Policy

9.2.1. The Company strives to avoid misunderstandings, complaints of favoritism, potential claims of harassment, as well as employee morale problems resulting from personal or social relationships involving students.

All employees are prohibited from fraternizing or becoming romantically involved with students at any API-operated Job Corps center. Job Corps employees who provide career transition services (placement and follow-up placement services) are prohibited from fraternizing or becoming romantically involved with all students receiving these services. Should a member of the employee’s immediate family (as defined in the bereavement leave section of the Agreement) fraternize or become romantically involved with a student at any API-operated Job Corps center, the employee will be required to notify the Center Director.

9.2.2. The following is a partial list of infractions that may result in disciplinary action, up to and including, termination of employment:

Allowing a current student to drive your vehicle on or off the facility. Example: A student that has a family emergency and asks to borrow your vehicle. Allowing the student to use the vehicle is prohibited, regardless of the circumstance.

Providing a student access to your home, personal belongings, etc. Example:

Current students should never be invited to your home.

Selling, buying, loaning, borrowing, or gifting transactions directly with a current student. Example: Prohibited conduct includes direct lending or gifting of cell phones, clothing, CD's, money, computers, phone cards, and personal items of any kind. Making a donation to the Student Government Association, the Center, or any Center-sponsored activities is allowed.

Transporting a current student in your personal vehicle except in an emergency or under exigent circumstances, in which case, the center must be notified immediately of where you are, who you are with and when you will arrive at your destination. Example: A student asks you to drop them off at the mall on your way home. This conduct is prohibited. Example: Picking up a student who is walking back to the center in the pouring rain and bringing them to the center would be an allowable exception.

9.3. Professional Development

9.3.1. API sees the training and development of its employees as essential to achieving its goals. Employees are invited to discuss their training needs during their formal Performance Review meeting or with their immediate supervisor at any time. If an employee wishes to pursue a course study relevant to the needs of API and employee’s role within it, and if it is seen to be beneficial to API, API will provide tuition reimbursement in accordance with this policy. In order to receive this assistance, the following is required:

Employee must seek advance written approval of the COO for the course of study.

Full-time employees who have satisfactorily completed at least six months of employment, properly completed an application for education assistance, receive an evaluation rating of “meets expectation“ or better, and have received management approval may be eligible to participate in the program.

The educational program pursued by an employee does not interfere with the employee’s scheduled working hours.

Contract funds are available.

The employee is not receiving assistance from another source, such as scholarship, grant, or any government agency. Reimbursements will not be duplicated. The company may reimburse the balance upon verification of the amount paid by the other source.

The selected degree program or courses of a non-degree program must have some logical relationship to the employee’s present job or possible future assignments.

All courses must be taken with a reputable local accredited college, university, or business or trade college (those accredited by nationally recognized regional and professional accrediting agencies, and by state agencies responsible for accrediting therein). If accredited institutions are too remote, too costly or do not offer the appropriate courses, the company may refuse reimbursement. Web-based courses offered through distance learning may be approved for reimbursement if the above-criteria are met.

9.3.2. All staff are expected to perform their duties in a professional manner and both support and reflect the Westover Job Corps Center's four norms at all times- Respect Self, Respect Others, Respect Community and Strive for Excellence.

API shall provide the Union with a list of all appointed bargaining unit members who successfully complete probation, as well as a list of all bargaining unit members newly appointed whose probationary period has been extended.

9.4. Tuition Assistance

9.4.1.1. Tuition assistance is available on a first-come, first-served basis until all authorized funding has been obligated.

9.4.1.2. Tuition reimbursement will be paid upon receipt of evidence of completion of the course with a grade of pass (in the event the course is pass/fail) or a C or better if the course is graded or if a certification program, evidence of the certificate, as well as proof of payment for the course;

9.4.1.3. If employee leaves within twelve (12) months of receiving payment of tuition reimbursement, API reserves the right to recoup any tuition reimbursement paid during that twelve (12)-month period; and

9.4.1.4. Employee shall execute an “Authorization to Deduct Amounts from Pay” form with regard to any tuition reimbursement prior to receipt of the funds.

9.4.1.5. Each bargaining unit member shall be eligible for yearly tuition assistance totaling One Thousand Five Hundred Dollars ($1,500.00) maximum per contract year, depending upon the availability of funds.

a. Studying and course attendance is to be done on the employee’s own time.

9.4.2. Reimbursement of Educational Expenses:

The facility may reimburse employees for registration and tuition expenses, including lab fees (reimbursement for books and supplies are not covered by this program) provided the established eligibility requirements are met.

9.4.2.1. The decision to reimburse will include consideration of the availability of contract funds, employee performance, and the tuition requested compared to that offered at local colleges/universities, etc. Any decision on whether to reimburse tuition expenses and the amount of such reimbursement requires Center Director approval and must be made known to the employee as soon as possible via the employee’s copy of the application.

9.4.2.2. Priority for reimbursement will be given to employees required by the company to maintain or obtain certification, licensure, or degree for their position.

9.4.2.3. The employee must be informed of the amount of the reimbursement and accept this amount in writing before a course begins.

9.4.2.4. Reimbursement is made only after the course or program is completed.

9.4.2.5. If reimbursement has been made and an employee voluntarily terminates, is terminated for cause, or has a status change to part-time or on-call/PRN within one year of the date of reimbursement(s), the funds must be returned to the company, including attorneys’ fees and costs associated with recoupment of such funds, if any. The company may deduct these funds from a nonexempt employee’s paycheck when permitted. Reimbursement is not made if the employee voluntarily leaves the company, is terminated for cause, or has a status change to part-time or on-call/PRN before completing a course.

9.4.2.6. Reimbursement is made if the employee is involuntarily terminated through a reduction in force prior to completion of the course.

9.4.2.7. Reimbursement is made if the employee has received approval of facility management to drop a course due to business reasons before completing the course.

9.4.2.8. “Job-related education” is that which:

1. Maintains or improves skills that an employee is required to have for employment; or,

2. Is expressly required by the employer, or is legally required in order to retain an established employment relationship, status, or rate of compensation.

9.5. Conflicts of Interest

9.5.1. API expects our employees to conduct business according to the highest ethical standards of conduct. Employees are expected to devote their best efforts to the interests of the Company. Business dealings that appear to create a conflict between the interests of API and an employee are unacceptable. API recognizes the right of employees to engage in activities outside of their employment which are of a private nature and unrelated to our business. However, the employee must disclose any possible conflicts so that the Company may assess and prevent potential conflicts of interest from arising. A potential or actual conflict of interest occurs whenever an employee is in a position to influence a decision that may result in a personal gain for the employee or an immediate family member (i.e., spouse or significant other, children, parents, siblings) as a result of APIs business dealings.

9.5.2. If an employee has any question whether an action or proposed course of conduct would create a conflict of interest, he or she should immediately contact the Human Resources Department to obtain advice on the issue. The purpose of this policy is to protect employees from any conflict of interest that might arise.

A violation of this policy will result in immediate and appropriate discipline, up to and including immediate termination.

9.6. Confidentiality

In the course of your employment you may come into contact with or have access to confidential information. Such information is strictly confidential and must not be used or divulged (directly or indirectly) by you, either during or after your employment with API. A breach of confidentiality is a very serious matter and may be grounds for your dismissal.

In addition, by accepting employment with API, you agree that you are not entitled to any copyright or moral right in/or arising from any work you produce in the course of your employment with API. This includes any program, strategy or system you develop during your employment with API.

Management will limit personnel discussions regarding represented staff to a need to know basis. Management shall determine whether there is a need to know and Management’s decision shall not be subject to grievance/arbitration. Discussions regarding personnel issues involving represented staff shall not occur in the presence of students.

9.7. Romantic or Sexual Relationships

9.7.1. Consenting "romantic" or sexual relationships between a supervisor/manager and an employee may at some point lead to unhappy complications and significant difficulties for all concerned - the employee, the supervisor/manager and API. Any such relationship may, therefore, be contrary to the best interests of the company and constitute a conflict of interest.

Accordingly, API strongly discourages such relationships and any conduct (such as dating between a supervisor/manager and an employee) that is designed or may reasonably be expected to lead to the formation of a "romantic" or sexual relationship.

9.7.2. By its discouragement of romantic and sexual relationships, API does not intend to inhibit the social interaction (such as lunches or dinners or attendance at entertainment events) that are or should be an important part or extension of the working environment; and the policy articulated above is not to be relied upon as justification or excuse for a supervisor's/manager's refusal to engage in such social interaction with employees.

If a romantic or sexual relationship between a supervisor/manager and an employee should develop, it shall be the responsibility and mandatory obligation of the supervisor/manager promptly to disclose the existence of the relationship to the manager/employee's supervisor. The employee may make the disclosure as well, but the burden of doing so shall be upon the supervisor/manager.

9.7.3. The company recognizes the ambiguity of and the variety of meanings that can be given to the term "romantic". It is assumed, or at least hoped, however, that either or both of the parties to such a relationship will appreciate the meaning of the term as it applies to either or both of them and will act in a manner consistent with this policy.

The supervisor of either the manager or the employee, as the case may be, shall inform the Center Director and others with a need-to-know of the existence of the relationship, including in all cases the person responsible for the employee's work assignments.

9.7.4. Upon being informed or learning of the existence of such a relationship, the Center Director may take all steps that it, in its discretion, deems appropriate. At a minimum, the employee and supervisor/manager will not thereafter be permitted to work together on the same matters (including matters pending at the time disclosure of the relationship is made), and the supervisor/manager must withdraw from participation in activities or decisions (including, but not limited to, hiring, evaluations, promotions, compensation, work assignments and discipline) that may reward or disadvantage any employee with whom the supervisor/manager has or has had such a relationship.

9.7.5. In addition, and in order for the company to deal effectively with any potentially adverse consequences such a relationship may have for the working environment, any person who believes that he or she has been adversely affected by such a relationship, notwithstanding its disclosure, is encouraged to make his or her views about the matter known to the Center Director.

This policy shall apply without regard to gender and without regard to the sexual orientation of the participants in a relationship of the kind described.

9.8. Sexual and Other Unlawful Harassment

9.8.1. Harassment of applicants and employees on the basis of age, race, disability, family, marital or employment status, political opinion, religion or ethnic origin, sexual orientation, gender or sex (including sexual harassment), age, disability or protected veteran status (all as defined and protected by applicable law), or any other basis prohibited by applicable law, is unacceptable and will not be tolerated.

Sexual Harassment

9.8.2. Sexual harassment is a type of unlawful harassment on the basis of a person’s sex. Sexual harassment has been defined generally as including unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature whenever: (1) submission to the conduct is either an explicit or implicit term or condition of employment; (2) an employee’s reaction to the conduct is used as a basis for employment decisions affecting that employee; or (3) the conduct has the purpose or effect of interfering with the employee’s work performance or creating an intimidating, hostile or offensive working environment.

No applicant or employee shall be subjected to unsolicited and unwelcome sexual overtures, nor should any applicant or employee be led to believe that an employment opportunity or benefit will in any way depend upon “cooperation” of a sexual nature.

Sexual harassment is not limited to demands for sexual favors. It may also include such actions as: (1) sex-oriented verbal “kidding,” “teasing” or jokes; (2) repeated offensive sexual flirtations, advances or propositions; (3) continued or repeated verbal abuse of a sexual nature; (4) graphic or degrading comments about an individual or his or her appearance; (5) the display of sexually suggestive objects or pictures; (6) subtle pressure for sexual activity; and (7) inappropriate physical contact.

Sexual harassment does not refer to occasional compliments of a socially acceptable nature or consensual personal and social relationships without a discriminatory employment effect. It refers to behavior that is not welcome and that is reasonably considered to be personally intimidating, hostile or offensive.

9.8.3. Other Unlawful Harassment

Harassment on other grounds, including race, color, national origin, religion, age, disability, and any other basis prohibited by applicable law, is also prohibited.

Harassment includes jokes, verbal abuse and epithets, degrading comments, the display of offensive objects and pictures, and other conduct that the individual might reasonably find to be offensive.

9.8.4. Scope of Policy

This policy prohibiting unlawful harassment, whether sexual or of another nature, is not limited to relationships between and among applicants and employees, but also extends to interaction with students, participants, vendors and contractors. No employee shall ever subject any student, participant, vendor or contractor at API (or any API work location) to unlawful harassment or sexual harassment of any nature, including that conduct described above. Furthermore, no employee will be required to suffer unlawful harassment of any kind or nature, including sexual harassment, by any vendor, contractor or other person at API (or any API work location). Any unlawful harassment, including unwelcome sexual overtures or other forms of sexual harassment advanced by any participants, vendors and contractors should be reported immediately to The Human Resources Department.

9.8.5. Complaint Procedure

API encourages reporting of all incidents of sexual or other harassment, regardless of the identity of the offender. While API encourages individuals, who believe they are being harassed, to firmly and promptly notify the offender that his or her behavior is unwelcome, API also recognizes that power and status disparities between the offender and the recipient of the offensive conduct may make such a confrontation impossible.

Consequently, such direct communication is not a requirement or prerequisite to filing a complaint.

Any applicant or employee who feels that he or she is or has been the victim of unlawful discrimination or unlawful harassment in violation of this policy should immediately notify his or her supervisor or the Human Resources Department. API will fully investigate all complaints and will maintain confidentiality to the extent possible given API’s duty to investigate the complaint. Anyone who is found to have engaged in unlawful discrimination or harassment will be subject to appropriate disciplinary action, up to and including termination. No applicant or employee will be retaliated against for making a complaint or assisting with the investigation of a complaint.

API is strongly committed to maintaining a workplace free of impermissible harassment or intimidation, including sexual harassment. All complaints will be taken seriously. If you have questions, please contact the Human Resources Department.

9.9. References

9.9.1. All inquiries regarding a current or former API employee must be referred to the Human Resources Department. Should an employee receive a written request for a reference in his or her professional capacity, he/she should refer the request to the Human Resources Department for handling. No API employee may issue a reference letter on Westover or API stationary to any current or former employee without the permission of the Human Resources Department. This section does not prohibit an employee from agreeing to be listed as a personal reference.

9.9.2. Under no circumstances should any API employee release any information about any current or former API employee over the telephone. All telephone inquiries regarding any current or former employee of API must be referred to the Human

9.9.3. In response to an outside request for information regarding a current or former API employee, the Human Resources Department will furnish or verify only an employee's name, dates of employment, job title and department. No other data or information regarding any current or former API employee, or his/her employment with API, will be furnished unless the employee authorizes API to furnish this information in a writing or API is required by law to furnish any information.

9.10. Distribution of overtime

API shall distribute overtime equitably between non-exempt bargaining unit members within classifications to the extent consistent with efficient operations. API shall make over time records available to the Union upon its request. Overtime within a non-exempt classification may be offered to a volunteer from another non-exempt classification only if all bargaining unit members in the classification needed for over time have declined to volunteer. If all employees decline the overtime, API will assign the mandatory overtime based on best meeting the needs of the Center. With the exception of cases beyond API's control, overtime assignments will be made forty-eight (48) hours prior to such overtime.

9.11. Training

The Company will provide all necessary training on new equipment, new technology and new DOL requirements and new systems and processes that each staff member is expected to use in performing the essential functions of his or her position. To the extent that the necessary training is available on line or can be provided on center and to the extent that the work schedule permits, training will be held during work hours.

Compensation for any training held outside work hours will be consistent with FLSA Regulations. It is agreed that minor adjustments, such as an upgrade in a software system, shall not necessarily require additional training and that management shall determine whether additional training will be required for such upgrades. Management shall take all reasonable steps to avoid situations where an employee must work back-to-back shifts in order to receive required training.

9.12. Use of Facilities

Union members or representatives shall be permitted to request use of Center facilities to conduct Union business during non-work hours. Requests shall be submitted to the Center Director at least one week prior to the event prompting the need for use of the facilities. The Center shall provide the Union with IT support for equipment needed during new hire orientation meetings or other union meetings using Center facilities.

9.13. Employee Rights Regarding Personnel Records

9.13.1. This policy applies to current and former employees of API.

Under this policy, a ''personnel record'' is a record kept by an employer that identifies an employee, to the extent that the record is used or has been used, or may affect or be used relative to that employee's qualifications for employment, promotion, transfer, additional compensation or disciplinary action. It shall also include the name, address, date of birth, job title and description; rate of pay and any other compensation paid to the employee; starting date of employment; the job application of the employee; resumes or other forms of employment inquiry submitted to the employer in response to his advertisement by the employee; all employee performance evaluations, including but not limited to, employee evaluation documents; written warnings of substandard performance; lists of probationary periods; waivers signed by the employee; copies of dated termination notices; any other documents relating to disciplinary action regarding the employee.

9.13.2. API shall retain for a period of three years after termination of any API employee a complete personnel file without deletions or expungement of information from the date of employment of such employee to a date three years after the termination of employment.

9.13.3. If API places information in an employee’s personnel record that is or may be used to negatively affect an employee’s qualification for employment, promotion, transfer, additional compensation or the possibility that the employee will be subject to disciplinary action in an employee’s personnel record, API shall within ten days of such placement notify the employee that such a record has been placed in his/her file.

9.13.4. Employees have a right to review their personnel records no more than two times in a calendar year (not including the right to review negative information).

API will grant access to such records within 5 business days of such request. The review shall take place at the place of employment and during normal business hours. An employee may receive a copy of his personnel record within 5 business days of such request.

9.13.5. API strives to maintain accurate personnel records. If an employee disagrees with the content of a record included in his personnel file, he/she may request a change, removal or correction. Any such change, removal or correction may only be accomplished with API’s consent. If API does not agree to a change, the employee may submit a written statement explaining the employee's position which shall thereupon be contained therein and shall become a part of such employee's personnel record.

9.14. Leaving

Generally when an employee leaves API, we ask that the employee:

• return all Company property including Company car, mobile phones, computers, access cards and keys, Company records, paperwork and documents, identification cards and any other relevant property;

• return all current work to the appropriate people/person in order to ensure continuity of business/service; and

• hand over to someone duly authorized to receive them all notes of confidential information which the employee may have acquired during employment.

9.15. Accidents and Emergencies

9.15.1. Maintaining a safe work environment requires the continuous cooperation of all employees. API strongly encourages employees to communicate with fellow employees and their supervisor regarding safety issues.

All employees will be provided care, first-aid and emergency service, as required, for injuries or illnesses while on Center or engaged in Center sponsored activities.

Employees should contact their supervisor, the nearest supervisor, and/or 911 in the event of an accident or emergency.

9.15.2. If an employee is injured on the job, API provides coverage and protection in accordance with the Worker's Compensation Law of the jurisdiction where API has employees assigned to work on a continuing basis. When an injury is sustained while at work, it must be reported immediately to the employee's supervisor, who in turn will notify Human Resources of the incident.

Failure to report accidents is a serious matter as it may preclude an employee's coverage under Worker's Compensation Insurance.

9.16. Improper Deductions from the Salary of Exempt Employees

9.16.1. As noted above, salaried-exempt employees are paid on a “salary basis,” such that exempt employees regularly receive each pay period a predetermined amount comprised of salary and any sick or vacation leave taken or required by the employer to be taken during that pay period such that the exempt employees’ salary is not subject to variations due to the quality or quantity of work performed. The purpose of this policy is not to permit employees to take time-off from work that is not covered by vacation or sick leave. Nor is the purpose of this policy to prohibit API from requiring an exempt-employee to use his/her leave bank(s) for partial or full-day absences. The purpose of this policy is to ensure that exempt employees are informed of the circumstances under which deductions may be made to an exempt-employee’s salary.

API requires exempt employees to use vacation or sick leave for absences from work.

Deductions from pay that result in an exempt employee receiving less than his/her regular pay are permitted in certain circumstances, such as:

When an exempt employee performs no work for an entire work week

(although this rule does not take into account the use of leave time per API’s leave policy, meaning an exempt employee with accrued vacation leave will receive pay from the applicable leave bank);

When an exempt employee is absent from work for one or more full days for personal reasons or leave, unless the employee has accrued benefits under API’s leave policy, in which case, the employee’s pay will include vacation or sick leave for such absence;

When an exempt employee is absent from work due to jury duty, attendance as a witness at a trial, or temporary military leave, but performs some work for API during that week, in which case API may offset any salary by the amount of compensation the exempt employee receives in the form of jury fees, witness fees or military pay;

When an exempt employee violates safety rules of major significance;

When an exempt employee is suspended without pay for one (1) or more full days for disciplinary violations involving workplace conduct rules (i.e. for violating an unlawful harassment policy); or

When, during the initial or final week of employment, an employee receives only a proportionate part of the employee’s full salary for the time actually worked.

9.16.2. API is committed to observing the requirements of the FLSA for paying its employees on a salary basis. Any exempt employee who believes that his or her pay has been improperly reduced shall immediately notify the Payroll Department and the Human Resources Department in writing of the date of the payroll in which the reduction occurred, the amount of the reduction, and the reason given on the pay stub (if any).

9.16.3. The Human Resources Department will investigate the complaint, make a determination as to the legitimacy of any such deduction and report the results to the employee. If the deduction is improper, the employee will be reimbursed for the improper deduction and steps will be taken to make sure that it does not happen in the future. If the Human Resources Department determines that the deduction was not improper, the employee shall have the right to appeal the decision to the CEO of API, whose decision shall be final.

9.16.4. No employee will be subjected to retaliation as a result of making a complaint hereunder or assisting with the investigation of a complaint. However, a knowingly false complaint may result in disciplinary action, up to and including termination.

9.17. Acceptance of Gifts

No employee may solicit or accept gifts of significant value (i.e., in excess of $25.00), lavish entertainment or other benefits from potential and actual customers, suppliers or competitors. Special care must be taken to avoid even the impression of a conflict of interest. Any questions regarding this policy should be addressed to the Human

9.18. Mobile Phone Use

You may be issued with a mobile phone for work use. If so, you are asked to take reasonable steps to maintain the equipment in good working condition. It is accepted that you may need to use this phone for personal use. It is asked that this be kept to a minimum during work hours and that the phones never be used to make or receive international calls. An employee who misuses the Company phone for personal reasons may be subject to discipline, the removal of the phone, or both.

9.19. Facilities

An employee lounge shall be provided in a building designated by management. The employee lounge shall be for Westover employees, both within and not within the bargaining unit. The employee lounge shall be made inaccessible to students.

Cleaning of the common area restrooms shall not be the responsibility of API bargaining unit members. The phrase “common areas” includes the cafeteria, administration building, and education and training building. API bargaining unit employees shall be responsible for the maintenance, upkeep, and cleanliness of their work areas and bathrooms which are not part of the common areas.

9.20. The Breakroom

The Company agrees to make available key(s) to represented staff that will permit them access to the breakroom in the Administration Building and the bathroom closet to the breakroom. Keys to the breakroom and bathroom shall be placed on the keys which residential counselors pick up and drop off at the beginning and end of their shift.

9.21. The Bathroom

Any residential counselors who, for whatever reason, prefer not to use the bathroom in the building where they are located shall be permitted to access to the bathroom in the Administration Building which is closest to the breakroom. Keys to the Administration Building and bathroom shall be placed on the keys which residential counselors pick up and drop off at the beginning and end of their shift.

9.22. School Related Activities

Bargaining unit member’s participation in school related activities that are not directly related to their job responsibilities, and that occur outside the normal workday, shall be on a voluntary basis. A bargaining unit member shall not be disciplined for failing to participate in any such activity, nor shall non-participation affect the bargaining member’s evaluation.

9.23. Mailbox

The Company shall provide a mailbox onsite for the purpose of Union use.

9.24. Lactation Policy

In accordance with the FLSA and other applicable law, API accommodates breastfeeding mothers who wish to provide breast milk during the workday for a newborn child. For up to one (1) year after the child’s birth, any employee who is breastfeeding her child will be provided reasonable break times to provide breast milk for her newborn. As needed, API will designate a private place other than a bathroom for this purpose. In addition, API will make available space in a refrigerator in the employee lounge for the secured storage of breast milk.