EXHIBIT 12
··’·=i 4 Case 3:O3_CV-O0674-WWE _[)OeUment 34-12 Fl|edO2/11/2005 P3Q€2Ol4 _
.’.» n · Clllcferience between the amount received {OF Jury Duty and the ' l
I ; _ €mDlOYee°s regular straight time lWOUf"lY f`·':1te provided l§ll3lZ UWB
tl r Gmployee cooperates in presenti¤9 @0 thé Court any re¤U€$%’€h¤@ the
Municipality deems appropriate to l18V€ such employeeleXC·USed from
V Jury Duty. _ ~ - .
· ` Section 16.4 All employees shall be guapanteed all rights_to
which they are entitled under the Universal Military Act and the
Soldiers' and Sailors' Civil Relief Act as amended. . —
‘ Section 18.5 _Employees summoned for Training Duty with any
· Armed Forces, Reserve Corps Program or National or State Guard _
Training Programs shall be paid the difference between pay received
for such Duty and the employee's regular straight time pay from the
Municipality. This pay shall apply only to a maximum of two weeks
Annual Field Training. The two weeks pay referred to herein shallxbe
paid to the employee 2 weeks prior to start of such Training Duty
_ provided the employee supplies the town with the Military Pay Voucher
3 weeks prior to the start of such leave.
. ARTICLE 17 GRIEVANCE PROCEDURE AND ARBITRATION
_ Section 17.1 For the purpose of this Agreement, a "Grievance"
is defined as any dispute between the Municipality and the
‘· Association or between the Municipality and,any*employee or group of
employees concerning the interpretation, application or violation of
the Provisions of this Agreement. No matter shall be subject to
-Grievance unless taken up within fifteen (15) working days of its_
. most recent occurrence, " ..
Section 17.2 A Grievance, whenever possible, shall be resolved
-within the Division where it arises through the efforts of the
representative or the Association and the Supervisor of the Division
_ involved. · A ‘ "
` Section 17.3 A Grievance will be processed and settled in the
following manner: ` · ‘
Step l Any employee having a Grievance shall present such y A
Grievance verbally to his Superintendent with or without his
Association Representative. » ‘ · V
Step 2 ln the event the Grievance cannot be satisfactorily .
settled by his Superintendent and/or his Association Representative
ywithin three (3) working days from theitime it was presented in Step
V _1, the Representative will present to the Grievance Committee a
written detailed copy of the Grievance. The Association Grievance
Committee will then rule on the validity of the Grievance and if it
_finds the Grievance valid: - _ `
_ (A. The Association shall submit such detailed Grievance in
» I writing to the Director of Public Works setting forth the nature
yW%%@%aa of the Grievance. within five (5) working days after said ‘
Director received such Grievance, he shall arrange to and meet
with representatives of the Public Works Association for the
purpose of adjusting or resolving such Grievance.
aeaaPae‘ - ~ ‘
e@§tJ%ma- .
'B. lf such Grievance is not resolved to the satisfaction of the
_;%_ ~ Assoc neu lun D ‘ 1) rector OT FUD IC W _ ‘ hi se e (7
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e ·"·' ` theréaftéf to the Town Manager. Within nine (9) working dayg
‘_ after said Town Manager receives such Grievance, then he or his
, Designated Representative shall arrange to and shall meet with
` the Representatives of the Association for the purpose of
g. _ adjusting or resolving such Grievance. " "
’ C. lf such Grievance is not resolved to the satisfaction of the
Association by the Town Manager or his Designated Representative
within seven (7) working days after such meeting, the
Association may within ten (10) working days thereafter submit
the dispute to the State Board of Mediation and Arbitration to
provide Arbitration Service and shall`simultaneously notify the
Town that it has submitted the Grievance to Arbitration. The
decision of the Arbitration Panel shall be final and binding Sn
both parties. » _ __. ·
Section 17.4 Step 1 and/or 2 of the Grievance Procedure may be
waived by mutual agreement of the parties with the result that the
Grievance may be submitted to the next step.‘ ·u ‘_ _
Section 17.5 lf the Town fails to meet the time specifications
of any Step of the Grievance Procedure, the_Grievance_shall then be
submitted to the next Step of the Procedure by the Association. lf `
the grievant fails to process a Grievance to the next Step, within
the time limitations herein, such will be deemed to constitute an.
acceptance of the decision rendered at the prior Step. ·_, _
Section_17,6 Nothing in this Article is intended to prohibit‘
— the Town from filing a Grievance against the Union. Such Grievance
shall be submitted within fifteen (15) working days of its most
_recent occurrence to the Association's Executive Board through the
Association President. If not satisfactorily resolved within two
weeks of its submission, the Grievance may be submitted to
Arbitration before the Connecticut State Board of Mediation &
_ Arbitration for a binding decision within ten (10) working days of ‘
‘ receipt of the Union Executive Board's written reply to the
Grievance.
i Section 17.7 As an option to the above Arbitration Procedures,
- either party may submit its Grievance for Arbitration to an expedited
system of Arbitration based on the following conditions:
A. Arbitrator, to be mutually agreed upon by the Town and Union
` in such expedited procedure, shall be selected from a list of
ten arbitrators to be compiled within`thirty (30) days of.
execution of this Agreement. lf the parties cannot agree to
such list within the time specified, then this Section shall be
. null and void. l
B. Grievances, after having been processed at the appropriate
step(s) of the Grievance Procedure, shall be submitted promptly
to Expedited Arbitration by letter from the Moving Party to the
- l Arbitrator with a copy of such letter to the other party.
A Hearing of the case shall take place within ten (10) working
days of the date such Grievance was filed for Arbitration with
29 ·
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W writing within ten (10) working days of such Hearing.
V C. lf the Arbitrator first agreed upon by the parties is unable
to hear the case in question within ten (10) working days from
the time the Grievance was filed for Arbitration, then the`
I » . parties shall proceed to select an Alternate Arbitrator from the
List of ten (10) Arbitrators referenced in this Section.
D. The parties may mutually agree upon time limitations
different than those set forth in this Section.
The decision of the Arbitrator shall be final and binding upon
the parties. The costs of the Arbitrator shall be_borne equally
» by both parties. _ Q
ARTICLE 18 ASSOCIATION REPRESENTATIVE RIGHTS & OBLIGATIONS __
Section 18.1 The Municipality shall pay such Employee
Representatives, Officers and Members of the Negotiating Committee at
their_base rate during working hours for time spent conducting
Association business with the Municipality. Such pay shall be
' granted to only one person in a Division with less than fifteen (15)
employees at any one time. Association Officers may be granted a
Leave of Absence by the Director of Public Works with pay for a
period not to exceed a total of twenty—five,(25) days per year to
conduct Association business with groups other then the Municipality.
· (Section 18.2· The Association President, Grievance Chairman or
` assigned person shall have the right, after receiving approval from
I the Director of Public Works, to meet with Departmental employees,
during working hours, to discuss grievances. Before a Union
Representative may discuss a grievance with an employee during
working hours, the Union Representative shall obtain approval from
the grievant's Supervisor. ` V
The Executive Board Officers, of not more than five {5)
employees, plus grievantgsl and necessary witnessgesl shall be
allowed paid release time to attend any and all meetings with Town
officials occuring in Stratford, and any other meetings relating to
union grievances and[or complaints, with agencies of the State, _
occurring on Town Property.
` The Executive Board Officers, of not more than three (3)
employees, plus grievantfs) and necessary witnessgesl shall be
allowed paid release time to attend any and all meetings relating to
union grievancesgarbitration hearings, and[or complaints, with
agencies of the State, including Labor Board conferences or hearings,
occurring at those specific State Offices;
. Permission to be released for such meetings shall be obtained in
advance from the appropriate Supervisor. I .
I I _ ARTICLE 19_ MANAGEMENT RIGHTS
» Section 19.1 Except where such rights, powers and authority ‘
are specifically‘relinquished, abridged or limited by the Provisions
of the Agreement, the Town has and will continue to retain, whether
exercised or not, all of the rights, powers and authority heretofore
. had by it, except where such rights, powers and authority are
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