PREAMBLE 

WHEREAS, the Union hereby certifies to CASA of Maryland that a majority of the employees in the bargaining unit hereinafter defined are members of the Union and have designated the Union as their representative for the purpose of collective bargaining in respect to rates of pay, wages, hours of employment or other conditions of employment; and 

WHEREAS, CASA of Maryland is willing to recognize the Union as the exclusive bargaining representative of the employees in the said bargaining unit and to enter into a collective bargaining agreement with the Union as the representative of said employees; and 

WHEREAS, CASA of Maryland and the Union have engaged in joint collective bargaining which has resulted in this Agreement resolving all issues in dispute; 

NOW, THEREFORE, in consideration of the covenants and the terms and conditions herein contained, the parties hereto mutually agree as follows:

ARTICLE 1

RECOGNITION

SECTION 1. CASA of Maryland hereby recognizes the Washington-Baltimore Newspaper Guild Local 32035 TNG-CWA hereinafter referred to as the "Union" as the exclusive representative of all employees in the bargaining unit hereinafter defined for the purpose of collective bargaining in respect to rates of pay, wages, hours of employment or other conditions of employment.

SECTION 2. The bargaining unit shall consist of: All regular CASA of Maryland full-time and part-time employees that are eligible under the National Labor Relations Act (NLRA), and shall exclude managers, supervisors and confidentials.

SECTION 3. Unless otherwise specified, the term “employees” as used in this Agreement shall mean employees in the CWA bargaining unit.

SECTION 4. Interns who are not paid by CASA, or who receive only a stipend from CASA, shall not be included in the bargaining unit, provided that the internship lasts no longer than six (6) months, and is for educational or training purposes.

SECTION 5. For purposes of this Article, “part-time” employees are those who regularly are scheduled to work twenty (20) hours or more per week, and the term “employees” does not include fellows who receive a stipend rather than wages. At any given time, CASA of Maryland may have no more then three (3) fellows that receive a stipend rather than wages. Benefits for part-time employees shall be prorated.

SECTION 6. In the event that CASA of Maryland opens additional offices, worksites, or facilities in the State of Maryland or elsewhere, any employee(s), defined in sections 2, 3 and 4 5 of this Article, at these locations shall be covered by this Agreement provided that the employee is on CASA of Maryland’s payroll.

ARTICLE 2

COLLECTIVE BARGAINING

SECTION 1. CASA of Maryland and the Union agree to keep each other informed, in writing, regarding the names of their authorized representatives on their respective Collective Bargaining Committees.

SECTION 2. If agreements are reached modifying the provisions of this Agreement or covering conditions not contained in this Agreement, they shall be reduced to writing in the form of an addition or amendment to this Agreement and signed by the authorized representatives for both the Union and CASA of Maryland.

SECTION 3.Meeting for negotiations, as provided in the preceding section, shall be held upon request of either party at a time and place agreeable to both parties. Local Representatives on the Union’s Collective Bargaining Committee who are employees of CASA of Maryland shall be excused for time spent at the bargaining table and in caucus during bargaining sessions. CASA of Maryland shall pay these employees one-half of their pay for this bargaining time, and CWA shall pay for the other half. Pay for attendance at such meetings shall not exceed the employee’s normal work week at the employee’s basic weekly wage .

SECTION 4. The Local Union will notify CASA of Maryland in writing of any changes in its roster of Officers, Representatives and Shop Stewards, including any alternates, as soon as practicable after such changes are made, but no later than thirty (30) days after such changes are made.

SECTION 5. CASA of Maryland will provide the Union with notice of any changes in its managers or in lines of supervision as soon as practicable after such changes are made, but no later than thirty (30) days after such changes are made.

SECTION 6. It is the intention of the parties, with respect to the collective bargaining of future replacing agreements, to conduct their negotiations in such a manner as to reach a new Agreement on or before the termination date of this present Agreement.

ARTICLE 3

PAYROLL DEDUCTION OF UNION DUES AND OTHER FEES

SECTION 1.  CASA of Maryland shall deduct from the pay (including sick leave)of employees, all applicable Union initiation fees, regular membership dues, or “amounts equivalent thereto” upon receipt of properly executed authorizations signed by the employee for whom deductions are to be made, delivered to CASA of Maryland at least ten (10) days prior to the date the first deduction is to be made.  CASA of Maryland will continue to honor effective dues deduction authorizations on file with CASA of Maryland as of the effective date of this Agreement, in accordance with their terms.   

SECTION 2.  The Secretary-Treasurer of the Union shall specify the amount to be deducted in each pay period by CASA of Maryland.  CASA of Maryland shall forward monthly such deductions to the Secretary-Treasurer of the Union. 

SECTION 3.  The Union hereby agrees to indemnify CASA of Maryland and hold it harmless from all claims, damages, costs, fees or charges of any kind which may arise out of the honoring by CASA of Maryland of deduction authorizations in accordance with the provisions of this Article, the making up of sums owed the Union in cases of inadvertent failure to timely honor authorizations, and the transmitting of such deductions to the Secretary-Treasurer of the Union.

ARTICLE 4

AGENCY SHOP

SECTION 1.  Each employee of CASA of Maryland, including members of the Union, and any other members of the bargaining unit, is obligated to tender to the Union amounts equal to periodic dues on the effective date of this Agreement to the extent consistent with federal and state law.  

SECTION 2.  All employees entering into the bargaining unit on or after the effective date of this Agreement, shall as a condition of employment, pay or tender to the Union amounts equal to the periodic dues applicable to members for the period from such effective date or, in the case of employees entering into the bargaining unit after the effective date, on or after the thirtieth (30 th) day after such entrance, whichever of these dates is later, until the termination of this Agreement.   

SECTION 3.  For the purpose of this Article, “employee” shall mean any person entering into the bargaining unit.  

SECTION 4.      The Union hereby agrees to indemnify CASA of Maryland and hold it harmless from all claims, damages, costs, fees or charges of any kind which may arise out of CASA’s implementation of this Article. 

SECTION 5.       The provisions of this Article shall be implemented and administered consistent with federal and state law. 

ARTICLE 5

UNION BULLETIN BOARDS

SECTION 1.  Arrangements for Bulletin Boards.  CASA of Maryland shall install and maintain at least four (4) bulletin boards upon CASA of Maryland’s property for use by the Union at such locations and of such size and type as may, from time to time, be mutually agreed upon by the parties.  The cost of providing, installing, maintaining and relocating such boards will be paid by the Union.  The bulletin boards shall be designated and labeled as Union bulletin boards.  

SECTION 2. The term “Union” as used in this Article shall be construed to include any Local of the Newspaper Guild-C.W.A. which admits employees of CASA of Maryland to

its membership.

ARTICLE 6

INFORMATION FURNISHED UNION

SECTION 1.  CASA of Maryland will furnish the Union annually the following information in connection with employees represented by the Union: 

1. name
2. payroll number
3. hire date
4. classification (for example, full-time, part-time, fellow)
5. basic weekly wages
6. work location
7. date of birth
8. minority group when known
9. gender
10. home address

SECTION 2. CASA of Maryland will inform the Union of any changes to information furnished to the Union pursuant to Section 1 of this Article as soon as practicable, but no later than thirty (30) days following the change. With respect to any new employee(s), CASA of Maryland will provide the Union with the information requested in Section 1 within thirty (30) days of hiring said employee(s). 

SECTION 3. CASA of Maryland will furnish the Union, as soon as practicable after the

first of each month, information mutually agreed on for those with effective Authorization for Payroll Deduction of Union Dues cards on file.

ARTICLE 7

UNION AND EMPLOYEE ACCESS TO EMPLOYEE PERSONNEL FILES

SECTION 1.  The Union and CASA of Maryland reaffirm their commitment to maintain optimum confidentiality for employee personnel records.  The parties, moreover, appreciate that the privacy of employee records would be impaired by improvident access to and/or duplication or publication of materials or information contained in employee personnel files.  Consistent with these concerns, the Union agrees that it will be judicious in requests for access to or copies of materials in individual employee personnel files and that it will handle all such materials with an abiding respect for the need to maintain optimum confidentiality of personally identifiable information, balanced against its obligation as bargaining representative to process grievances and administer the Agreement. 

SECTION 2.  When reasonably required in the judgment of a Union Representative, including both local and national representatives, to administer the Agreement or to process a grievance, and upon presentation of a employee’s signed access authorization, CASA of Maryland will make available for review and furnish copies to the Union Representative all, or designated, materials in an individual employee’s personnel file, subject to any limitations imposed by law. 

SECTION 3.  An employee has the right of access to his/her official personnel file within five (5) working days after requesting such access. An employee has a right to respond in writing to any material in the employee’s official personnel file. The employee shall receive a copy of any material related to discipline or job performance that is put into his/her official personnel file. The employee has the right to have his/her written response to any material related to discipline or job performance in the official personnel file attached to the material.

ARTICLE 8

RESPONSIBLE UNION-CASA OF MARYLAND RELATIONSHIP

SECTION 1.  CASA of Maryland and the Union recognize that it is in the best interests of both parties, the employees, and the community, that all dealings between them continue to be characterized by mutual responsibility and respect.  To insure that this relationship continues and improves, CASA of Maryland and the Union and their respective representatives at all levels will apply the terms of this Agreement fairly in accord with its intent and meaning and consistent with the Union’s status as exclusive bargaining representative of all employees in the unit.  Each party shall bring to the attention of all employees in the unit, including new hires, their commitment to conduct themselves in a spirit of responsibility and respect and of the measures they have agreed upon to insure adherence to this commitment. 

SECTION 2. A Joint Labor-Management Committee, comprised of two (2) Union- appointed members and two (2) management-appointed members, shall meet at least once per quarter to discuss, in a non-binding manner, issues of concern to either party. This Committee shall be established within sixty (60) days of the effective date of this Agreement.  

SECTION 3.  Subject to availability, CASA of Maryland shall provide space on its premises, upon request, for meetings of bargaining unit employees at mutually agreeable times.  The employees shall be excused with pay for one (1) hour each month to attend meetings called by the Local Union.  The Local Union shall provide CASA of Maryland with reasonable notice of upcoming meetings. 

ARTICLE 9

NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY

SECTION 1. The parties agree that all employees will be free of unlawful harassment and discrimination. In a desire to restate their respective policies, neither CASA of Maryland nor the Union shall unlawfully discriminate against any employee because of such employee’s race, color, creed, religion, gender, sexual orientation, age, mental or physical disability, ancestry, marital status,national origin, or because of such employee’s membership in, or activities on behalf of, the Union.

SECTION 2 . The use of the masculine or feminine gender in this Agreement shall be construed as including both genders, and not as a sex limitation.

ARTICLE 10

FEDERAL OR STATE LAWS

SECTION 1.  Should any Federal or State law or the final determination of any court of competent jurisdiction or any proclamation or order having the force of law at any time affect any provision of this Agreement, such provision shall be construed as having been changed to the extent necessary to conform to such law, determination, proclamation or order.  In the event that such law, determination, proclamation or order shall be repealed or held unconstitutional, the provision of this contract affected thereby shall be read according to its original tenor. 

ARTICLE 11

UNION REPRESENTATION

SECTION 1. At any meeting between a representative of CASA of Maryland and an employee in which discipline (including warnings which are to be recorded in the personnel file, suspension, demotion or discharge for cause) is to be announced, the employee shall have the right to have a Union representative present unless the employee requests otherwise.

SECTION 2. At any meeting between a representative of CASA of Maryland and an employee which the employee reasonably believes may lead to the imposition of discipline, the employee shall have the right to have a Union representative present unless the employee requests otherwise. Unless the employee is subject to a performance improvement or “warning” period as part of progressive discipline, this section does not apply to supervisory meetings in which performance is discussed.

ARTICLE 12

GRIEVANCES AND GRIEVANCE MEETING PROCEDURE

SECTION 1. A grievance shall be defined as any controversy or dispute between the parties to this Agreement relating to any matter of wages, hours, or working conditions, or any dispute regarding the interpretation or application of any provisions of this Agreement, provided however, that the only grievances that can be submitted to arbitration are those specified in Section 5 of this Article.

SECTION 2. Any individual employee or group of employees shall have the right to present grievances directly to CASA of Maryland, and to have such grievances resolved without the intervention of the Union, as long as the resolution is not inconsistent with the terms of this Agreement.

SECTION 3. The following provisions shall apply to the presentation and processing of all grievances by the Union.

(a) How Grievances are Presented: In presenting any grievance, the aggrieved employee(s) involved, if any, shall be identified, the action(s) complained of and dates thereof shall be specified, the contract provision(s) alleged to have been violated shall be stated, if any, and the remedy requested specified.

(b) Discussion or Settlement of Grievances: Once any Local or Union representative has communicated with a representative of CASA of Maryland regarding a grievance, CASA of Maryland will not discuss or attempt to settle the matter with the individual employee(s) involved.

(c) Time Limit for Presenting Grievances: No grievance need be considered by CASA of Maryland or the Union unless presented within thirty (30) calendar days after the action or occurrence complained of last occurred.

(d) Grievance Terminated Unless Appealed: At the conclusion of the first step in the grievance procedure, the grievance shall be considered as finally disposed of unless it is appealed to the second step within the time limits specified in Section 4 of this Article.

(e) Limitations on Number of Persons Attending Grievance Meetings: In addition to the aggrieved employee(s), the Union shall be entitled to have a number of representatives present that equals the number of CASA of Maryland representatives present. The grievant is not included in this number. Both CASA of Maryland and the Union shall have at least two (2) representatives present. The grievant is not included in this number. CASA of Maryland employees who are Union representatives will be excused without loss of time or pay for regularly scheduled work time during the normal work week for attendance at such grievance meetings, with the scheduling of the meetings subject to the mutual agreement of the employees and their supervisors.

(f) Method of Settling Grievances: It is agreed that neither CASA of Maryland, its representatives, nor the Union, the Local, their representatives or members, will attempt by means other than the grievance procedure to bring about the settlement of any issue which is properly a subject for disposition through the grievance or arbitration procedures.

(g) Grievances Involving Discharge of Employees. For all grievances involving the discharge of an employee, it is agreed that the time limits specified in Sections 4(a), 4(b), and 5 of this Article shall be reduced by two (2) days.

(h) Extension of Time Limits. Any of the time limits specified in this Agreement may be extended by written mutual agreement.

SECTION 4. Grievance Meeting Procedure : It is the intent of both parties that grievances shall be handled as expeditiously as practicable and within the time limits spelled out in each step of the grievance procedure. It is understood that by mutual consent expressed in writing, the time limits specified at any given step, or the time limits for taking the grievance to the second step, may be extended with respect to a specific grievance. Upon request and consistent with its NLRA obligations, CASA of Maryland will provide information relevant to the grievance.

(a) First Step: The grievance shall be presented initially by a designated Local Representative to the immediate supervisor of the aggrieved employee(s). The meeting at this step shall be held within seven (7) calendar days after the request to meet, and the immediate supervisor may designate a CASA of Maryland representative to attend the meeting with him/her. Seven (7) calendar days, beginning with the day of the meeting, shall be allowed for settlement.

(b) Second Step: If the grievance is appealed to the Second Step, the Local shall submit a written notice of appeal within seven (7) calendar days after the expiration of the time limits for settlement in Step 1 to the supervisor of the immediate supervisor. The appeal letter shall identify the aggrieved employee(s) involved, if any, set forth the act or occurrence complained of, the date(s) of said act(s) or occurrence(s), the contract provisions alleged to have been violated, if any, and the remedy requested. The meeting at this step shall be held within ten (10) calendar days after CASA of Maryland receives the written notice of appeal, and ten (10) calendar days from the date of the meeting at this step shall be allowed for settlement. CASA of Maryland shall transmit to the Representative of the Uniona written statement of its Second Step decision within three (3) working days from the date of the decision.

SECTION 5. If the parties remain in disagreement at the conclusion of Second Step, as described in Section 4(b) of this Article, the Union, within fourteen (14) calendar days following the receipt of CASA of Maryland’s written decision, may submit agrievance to arbitration upon written notice to CASA of Maryland stating the issue to be decided, provided the grievance involves:

(a) The interpretation or application of any of the terms of this Agreement; or

(b) The dismissal of an employee; or

(c) The suspension of an employee; or

(d) The disciplinarydemotion of an employee.

ARTICLE 13

COMPENSATORY LEAVE

SECTION 1.  It is understood that exempt employees perform duties that often require lengthy and irregular hours.  Exempt employees are not eligible for overtime.  In recognition of their lengthy and irregular hours, effective October 15, 2005, permanent exempt employees shall receive seven (7) days of compensatory leave each calendar year, to be taken with appropriate notice and advance approval of their supervisor, whose approval shall not be unreasonably denied.  These compensatory leave days shall be prorated for exempt employees who in a calendar year are actively employed less than a full year.  Compensatory leave days shall not be carried over from year to year.

SECTION 2.  Whenever an exempt employee is assigned by CASA of Maryland and the exempt employee does work extraordinarily long hours, the exempt employee shall be entitled to compensatory time off for such work. 

SECTION 3.  Compensatory time off under Section 2 above normally should be taken as soon as practical after it is earned but, in any event, no later than six (6) months after it is earned. However, where an employee has consecutive assignments or long-term projects which, in the view of CASA of Maryland and the employee, prohibit the employee from utilizing his/her accumulated compensatory time within the specified limits, such limits shall be extended.  Compensatory time off shall be taken with appropriate notice and advance approval of the employee’s supervisor, whose approval shall not be unreasonably denied. 

ARTICLE 14

ALLOWANCES

SECTION 1. Employees who drive on CASA of Maryland business shall be paid a mileage allowance in accordance with the current year IRS tables and CASA policies. Requests for mileage allowance must be submitted within sixty (60)days of the travel.

SECTION 2. CASA of Maryland will reimburse all reasonable expenses for travel, lodging, and meals incurred by an employee who is required to travel in the performance of job duties, or to attend work-related meetings, events, and conferences. Employees will obtain prior authorization consistent with CASA of Maryland policy. In order to be reimbursed, employees must submit receipts and other records of their expenses within sixty (60) days of incurring the expense.

SECTION 3. Employees who are traveling may request an advance equal to estimated expenses that will be incurred. Such requests generally will be granted. CASA of Maryland may choose to direct pay business expenses. Such requests will be processed within fourteen (14) days.

ARTICLE 15

HOLIDAYS

SECTION 1. CASA of Maryland shall observe the following days as paid holidays:

New Year’s Day

Martin Luther King’s Birthday

Presidents’ Day

Memorial Day

4 th of July

Labor Day

Veterans’ Day

Thanksgiving

The day after Thanksgiving

Christmas Day

SECTION 2. Should any non-exemptemployee be required to work on a holiday, the employee shall be paid double time for all hours worked that day.

SECTION 3. In the event the holiday falls within the vacation period of an employee, annual leave will not be charged for that day.

ARTICLE 16

ANNUAL LEAVE

SECTION 1. Each full-time employee with less than two (2) years of service shall be entitled to 120 hours of paid annual leave per year. The employee shall accrue annual leave at the rate of 4.6 hours per pay period.

SECTION 2. Each full-time employee with more than two (2) years of service, but less than ten (10) years of service, shall be entitled to 160 hours of paid annual leave per year. The employee shall accrue annual leave at the rate of 6.15 hours for each pay period.

SECTION 3. Each full-time employee with ten (10) years of service or more shall be entitled to 200 hours of paid annual leave per year. The employee shall accrue annual leave at the rate of 7.69 hours for each pay period.

SECTION 4. Scheduling of annual leave shall happen two (2) times per calendar year. The first selection period shall take place during the first two (2) weeks in April; the second selection period shall take place during the first two (2) weeks of October. During each scheduling period, employees shall indicate their preferences for annual leave dates for the following six (6) months. The scheduling of all annual leave under this Article is subject to the prior approval of the employee’s supervisor, except in the event of emergency situations. In the event that annual leave cannot be granted for the same date(s) to multiple employees in the same program, annual leave shall be granted to the employee(s) with the most seniority. After each selection period is complete, annual leave shall be granted on a first-come, first-serve basis. Employees will request annual leave as far in advance as possible, except in the event of emergency situations.

SECTION 5. Annual leave shall not be used until after the employee’s first three (3) months of employment.

SECTION 6. Employees may carry over a maximum of up to eighty (80) hours of unused annual leave to the next calendar year, provided that the total accumulated carryover shall not exceed eighty (80) hours. Unused annual leave that is in excess of this maximum will be transferred to the employee’s sick leave balance subject to the maximum provided in Article 16.1.

SECTION 7. Part-time employees receive paid annual leave on a pro-rated basis.

SECTION 8. For purposes of this Article, “pay period” shall mean every two (2) weeks, or a minimum of twenty-six (26) times per year.

SECTION 9. Any unused annual leave shall be paid out to the employee upon separation.

ARTICLE 17

PAYMENTS DURING SICKNESS ABSENCE & OTHER FORMS OF LEAVE

SECTION 1. Sick Leave. All Employees are entitled to eighty (80) hours of paid sick leave annually. Sick leave accumulates at the rate of 3.07 hours per pay period.

Employees may carry over a maximum of ninety (90) days of unused sick leave to the next calendar year, provided that the total accumulated carryover shall not exceed ninety (90) days.

SECTION 2. Employees who have accumulated more than eighty (80) hours of unused sick leave may donate any amount above the eighty (80) hours to a CASA of Maryland bargaining unit employee.

SECTION 3. CASA of Maryland may reasonably require a doctor’s note of a medical inability to work, certifying that an employee cannot or could not work for medical reasons, or additional documentation wh ich CASA of Maryland has a need
to obtain for legitimate business reasons.

SECTION 4. Medical inability to work due to pregnancy or childbirth shall be treated the same way as any illness. Female employees who give birth via a Caesarean section may take an additional eighty (80) hours (two (2) weeks) of paid leave if that leave is medically necessary.

SECTION 5. Employees may take up to sixteen (16) hours annually of the paid leave provided in Section 1 of this Article as personal leave.

SECTION 6. Employees will not be compensated for unused sick leave upon separation from employment with CASA or at any other time.

SECTION 7. Family Leave. Employees will be paid for up to forty (40) hours of family leave annually due to a serious illness or death of:

(a) the employee’s spouse or domestic partner;

(b) a parent, grandparent, child, grandchild, stepchild, sibling, aunt or uncle of the employee or the employee’s spouse/domestic partner; or

(c) a person living in the same residential unit as the employee as part of a family unit.

An employee may request leave for the serious illness or death of a family member

or relative not specifically enumerated above.

SECTION 8. Parental Leave.

• Employees, regardless of gender, who have completed nine (9) monthsof employment, may take up to 160 hours (four weeks)of paid leave in conjunction with the birth or adoption of a child. This leave must be taken within one (1) year of the birth or adoption.

• Employees may use up to a maximum of two (2) weeks of accrued but unused sick leave as parental leave. This does not include leave from the sick bank.

c. If the employee takes all of the subsection (a) and subsection (b) leave consecutively and immediately following the birth or adoption, he or she must simply give notice to his or her supervisor. If the employee wishes to take some or all of either or both types of leave at any other time, the scheduling of the leave shall be subject to the mutual agreement of the employee and the supervisor.

SECTION 9. Leave for Jury Duty. When an employee is called for jury duty by the federal or local government, he or she will be excused with pay for up to four (4) weeks.

SECTION 10. CASA of Maryland will honor any leave entitlements employees may have under and in accordance with the terms of the federal Family and Medical Leave Act (FMLA). Any FMLA leave shall run concurrently with any paid leavetaken.

SECTION 11 . Leave Without Pay. Up to 240 hours (30 work days) of unpaid leave may be available to any employee for personal reasons, at the discretion of the Executive Director upon the recommendation of the employee’s immediate supervisor. If leave without pay is granted, the employee will continue to receive full benefits during the leave.

ARTICLE 18

SENIORITY

SECTION 1. Seniority shall be based upon length of continuous service at CASA of Maryland.

SECTION 2. An authorized leave shall not constitute a break in service. Employees shall continue to accrue seniority while on paid leave or while onunpaid leave of seventy-five (75) days or less or while receiving disability payments.

SECTION 3. Seniority shall be considered in all personnel decisions affecting employees in the bargaining unit.

SECTION 4. Bargaining unit members who voluntarily terminate their employment at CASA of Maryland and are re-employed within fifteen (15) months will bridge their seniority after twelve (12) months of continuous employment at CASA of Maryland. The fifteen (15) month period may be extended to twenty (20) months by mutual agreement where the employee is pursuing a degree.

ARTICLE 19

DISCIPLINE AND DISCHARGE

SECTION 1. CASA of Maryland will not discharge, suspend, or take any other disciplinary action against any non-probationarybargaining unit memberwithout just cause.

SECTION 2. Discipline of employees will be progressive, except in cases of serious misconduct.

SECTION 3. If an employee receives no discipline for a period of fifteen (15) months, the employee’s personnel file shall be cleared of the prior discipline.

ARTICLE 20

WORKING ENVIRONMENT

SECTION 1. To promote the physical safety, protection and health of employees, CASA of Maryland shall be responsible for monitoring the health and safety conditions of the workplace, reviewing and approving proposed changes to the working environment, receiving notices of problems, and proposing steps necessary for maintaining a safe and healthful environment. CASA of Maryland shall ensure that the premises are in conformity with federal, state and local health safety laws and regulations. When a work environment issue is brought to the attention of CASA of Maryland, the organization will acknowledge said issue to the Union within one (1) week. CASA of Maryland shall allow access to a Union representative for purposes of evaluating health and safety conditions in the workplace.

SECTION 2. CASA of Maryland and the Union shall each delegate two (2) representatives to participate on a Joint Committee on Working Conditions, which shall meet bimonthly. The joint committee shall evaluate the September 2004 report on CASA of Maryland space requirements, and shall make specific recommendations to CASA of Maryland and to the Union. These recommendations shall be made within six (6) months of ratification of this Agreement. The joint committee shall also address and seek solutions to other physical working conditions issues.

SECTION 3.Climate and Air Quality. CASA of Maryland shall provide a properly ventilated and properly heated/air-conditioned office.

SECTION 4. Workspace. Each employee shall be provided accessto a desk, chair, lamp, and computer. No later than twelve (12)months after ratification of this Agreement, each computer workstation will offer appropriate equipment to ensure ergonomically sound operation, including, but not limited to, glare reduction screens, adjustable seating, ergonomic keyboards, and ergonomic mice.

SECTION 5. Security and Lighting. CASA of Maryland shall take all reasonable steps to install, or have the entity in control of the location install,adequate outdoor security lighting at entrances, parking areas and walkways between buildings.

SECTION 6. Equipment Allowance. CASA of Maryland shall provide uniform coats for employees in the following jobs:

• Employment Specialist (University Boulevard – Front Gate)
• Employment Specialist (University Boulevard – Worker Liaison)
• Maintenance Specialist
• Community Organizer (New Hampshire Avenue Site)

Upon request, CASA of Maryland will consider providing uniform coats for other employees who work outside on a regular basis.

ARTICLE 21

HOURS OF WORK

SECTION 1. The normal workweek for full-time non-exempt employees generally is Monday through Friday, comprising forty (40)hours. For some employees, the workweek may include Saturdays. The normal work day for non-exempt employeesconsists of eight (8) hours scheduled, interrupted by one(1) hour paid for lunch.

ARTICLE 22

ARBITRATION

SECTION 1. If a written notice to arbitrate is provided under Article 12, Section 5, the parties shall try to select an arbitrator by mutual agreement. If they are not able to do so within ten (10) calendar days of the written notification invoking arbitration, the party seeking arbitration shall mail to the American Arbitration Association (AAA), with a copy to the other party, the appropriate AAA form for requesting a panel of seven (7) arbitrators. The arbitrator will be selected in accordance with the procedures of the American Arbitration Association.

SECTION 2. Failure to submit a grievance to arbitration in a timely manner will be deemed a waiver and will bar further processing of the grievance.

SECTION 3. Where there are not disputes over the nature of the grievance, the parties will prepare a joint stipulation of the grievance issue. The arbitration hearing will be scheduled as soon as practicable. The arbitrator’s decision will be final and binding on both parties. The cost of the arbitration will be borne equally by both parties.

SECTION 4. The arbitrator shall have authority to interpret and apply the terms of this Agreement but shall have no authority to add to, subtract from, or modify any of the terms of this Agreement. In cases involving discipline or discharge, the arbitrator shall determine whether there was just cause for discipline and, if he/she determines that discipline was justified, he/she may modify the penalty imposed, as he/she deems appropriate.

ARTICLE 23

SUCCESSORSHIP

SECTION 1. This Agreement shall be binding upon the parties hereto, and shall be binding upon any successors or assigns by merger, consolidation, or otherwise, of either party.

ARTICLE 24

CHILD CARE

If an employee is unexpectedly required to work beyond his or her normal workday, CASA of Maryland shall reimburse the employee up to twenty-five dollars ($25) in child care expenses. This provision shall not apply where CASA is providing child care for community members.

ARTICLE 25

LAYOFFS & RECALL

SECTION 1. CASA of Maryland agrees to provide notification to the Union when a reduction in force, or operational or programmatic layoffs, affecting members of the bargaining unit will occur.  CASA of Maryland shall discuss with representatives of the Union negotiations with funding sources that are likely to result in a reduction in force affecting members of the bargaining unit.  The parties agree that all communications with funding sources shall be coordinated through CASA of Maryland.   

SECTION 2. In the event of a layoff, unless the layoff involves the elimination of a particular job, CASA of Maryland shall make layoffs in the program involved, in inverse seniority order of the employees in the program, provided that the remaining more senior employees have the qualifications required to perform the work.   

SECTION 3. CASA of Maryland shall provide the Union with the following information in the event of a planned layoff: 

(a) the program in which the reduction(s) will occur;

(b) the names of those employees who CASA of Maryland intends to lay off; and

(c) any vacantpositions for which employees identified for layoff may apply.  

SECTION 4. Except in emergency circumstances, CASA of Maryland shall provide no less than four (4) weeks’ notice to affected employees.  CASA of Maryland may provide an affected employee with pay in lieu of notice for some or all of the notice period.   

SECTION 5.  Recall.  Each laid-off employee shall be maintained on a Recall List for fifteen (15) months. During that period, the employee shall keep CASA of Maryland advised of his/her current address.    

(a) CASA of Maryland shall notify the employee by mail of all bargaining unit vacancies.

(b)Employees shall be recalled at the rate of pay for the position to which recalled.   

SECTION 6.  Time spent on a recall list by a laid off employee shall not constitute a break in service for purposes of seniority.  An employee shall not accrue seniority, leave or other benefits while on the recall list.    

SECTION 7.  This Article does not apply to fellows or to employees who are hired for a grant or project of fixed duration, with no expectation of extension.   
 

ARTICLE 26

POSITION CREATION, HIRING, AND VACANCIES

SECTION 1. Hiring. When a bargaining unit vacancy is being filled, CASA of Maryland will involve a bargaining unit employee in the interviewing, evaluating candidates’ qualifications, and reviewing any materials formally submitted in support of the application. That employee will be selected by the Union. The Union will not designate an employee who is on progressive discipline. The employee will make himself or herself available to participate in the process. All hiring decisions shall be made by CASA of Maryland.

SECTION 2. Vacancies and Newly Created Positions. CASA of Maryland shall provide the Union with written notice when any bargaining unit position is to remain vacant, or is changed in terms of pay or hours. If the position is not posted within thirty (30) calendar days of the vacancy, CASA of Maryland will notify the Union of its intention on the performance of the duties formerly performed by the person or persons who last held the vacated position or positions.

SECTION 3. When CASA of Maryland seeks to fill a vacant or a newly created permanent bargaining unit position, the following procedure shall apply:

• Before any external applicants are considered, CASA of Maryland will notify all members of the bargaining unit (by email), and all laid off employees on the Recall List (by mail) and by posting of the title, qualifications, duties, and salary for the vacant position. CASA of Maryland employees who have completed their probationary period and who are not subject to a performance improvement or “warning” period as part of progressive discipline, and employees on the Recall List shall have ten (10) calendar days from the date of the email/mailing and posting to apply for the vacant position and to submit any application materials. No outside applicants will be considered during this time.

• After the deadline for internal applications has passed, CASA of Maryland will interview all internal applicants except those who clearly do not possess the necessary qualifications.

• Once a vacant position has been posted and emailed/mailed internally, and after internal applicants have been interviewed pursuant to section 3(b) of this Article, CASA of Maryland may consider outside applicants.

• CASA of Maryland will give preference to internal applicants. However, where there is an outside applicant with exceptionally high qualifications, CASA of Maryland may hire that applicant rather than an internal applicant. CASA of Maryland will not hold open the search for external candidates for an unreasonable length of time.

• As among internal applicants, where qualifications are substantially equal, CASA of Maryland will select the most senior applicant.

• CASA of Maryland will notify unsuccessful internal applicants promptly once an applicant is awarded the position.

• Upon request, CASA of Maryland will meet with an unsuccessful internal applicant to discuss the reasons he or she did not get the position.

SECTION 4. Orientation. Each new employee will receive orientation and job-specific training of up to one half (1/2) day within the first thirty (30) days of employment unless the parties agree otherwise. One (1) hour will be allotted for the new employee to meet with a Local Union Representative.

SECTION 5. Union Contract. CASA of Maryland shall provide a copy of the current union contract and any other policies to all new employees during their first week of employment with CASA of Maryland. CASA of Maryland and the Union will share equally the cost of translating the contract into Spanish and any other language mutually agreed upon. The English version of the Agreement shall be the official version.

ARTICLE 27

PROFESSIONAL DEVELOPMENT

SECTION 1. Each employee shall be entitled to forty (40) hours of paid leave per calendar year for professional development and studies and educational activities related to the mission of CASA of Maryland.

SECTION 2. An employee who is pursuing a course of study related to work performed by CASA of Maryland may be reimbursed for the costs of tuition, fees, and textbooks incidental to such course of study up to a maximum of five hundred dollars ($500) per calendar year. The following requirements must be met in order for an employee to be eligible for reimbursement under this provision:

• The employee must be a full-time bargaining unit employee and must have completed one (1) year of service prior to enrollment.

• The course of study must be on the employee’s own time, unless specifically approved by the Executive Director.

• The employee must provide evidence of satisfactory completion of the course(s) with his/her application for reimbursement (a course grade of “C” or higher where the course is graded).

SECTION 3. The employee has the option to select each calendar year either

section 1 or section 2 of this Article, but not both.

ARTICLES 28

HEALTH INSURANCE

SECTION 1. Prior to the ratification of this Agreement, CASA of Maryland had installed and was maintaining a health insurance plan. CASA of Maryland agrees to continue with the existing plan and level of benefits. CASA of Maryland shall pay 100% of the premiums of the health coverage for employees. An employee has the option of extending group coverage to the employee’s dependents, with the additional cost to be paid by the employee.

ARTICLE 29

DENTAL INSURANCE

SECTION 1. Prior to the ratification of this Agreement, CASA of Maryland had installed and was maintaining a dental insurance plan. CASA of Maryland agrees to continue with the existing plan and level of benefits. CASA of Maryland shall pay 100% of the premiums of the dental plan for employees. An employee has the option of extending group coverage to the employee’s dependents, with the additional cost to be paid by the employee.

ARTICLE 30

VISION COVERAGE

SECTION 1. Prior to the ratification of this Agreement, CASA of Maryland had installed and was maintaining vision coverage. CASA of Maryland agrees to continue with the existing plan and level of benefits. CASA of Maryland shall pay 100% of the premiums of the vision plan for employees. An employee has the option of extending group coverage to the employee’s dependents, with the additional cost to be paid by the employee.

ARTICLE 31

RETIREMENT & SAVINGS PLAN

SECTION 1. Prior to the ratification of this Agreement, CASA of Maryland had installed and was maintaining a 403(b) retirement and savings plan (“CASA Retirement & Employees Savings Plan”). CASA of Maryland agrees to continue with the existing plan.

ARTICLE 32

GROUP LIFE INSURANCE

SECTION 1. Prior to the ratification of this Agreement, CASA of Maryland had installed and was maintaining group life insurance. CASA of Maryland agrees to continue with the existing plan and level of benefits. CASA of Maryland shall pay 100% of the premiums of the group life insurance plan for employees.

ARTICLE 33

SHORT TERM DISABILITY INSURANCE

SECTION 1. Prior to the ratification of this Agreement, CASA of Maryland had installed and was maintaining short term disability insurance. CASA of Maryland agrees to continue with the existing plan and level of benefits. CASA of Maryland shall pay 100% of the premiums of the short term disability insurance.

ARTICLE 34

JOB DESCRIPTIONS

SECTION 1. CASA of Maryland and the Union will agree on the format to be used for job descriptions.

SECTION 2. CASA of Maryland will modify existing job descriptions as necessary to adhere to the format agreed to under Section 1.

SECTION 3. CASA of Maryland will consult with the Union before making any changes to any bargaining unit employee’s job description, with the exception of the name and title of the supervisor.

ARTICLE 35

WAGES

SECTION 1.  For purposes of wages, each job classification shall be placed in a “Job Category” as follows: 

Non-Exempt Category 1 
Maintenance Specialist

Receptionist

Receptionist/HR Coordinator

ID Specialist

Non-Exempt Category 2

Employment Specialist

Health Information Specialist

Social Services Specialist

Social Services Specialist/Volunteer Coordinator

Legal Office Manager
 

Exempt Category 1 

Health Outreach Coordinator

Financial Literacy Specialist

Organizer

Curriculum Development Specialist

Education Coordinator

Development Associate

Paralegal

NDLON Coordinator

Exempt Category 2 

Attorney 

SECTION 2.  The pay ranges for each of the job categories shall be: 

Minimum    Maximum 

Non-Exempt Category 1   $30,000    $35,000 

Non-Exempt Category 2   $30,000    $38,000 

Exempt Category 1    $31,000    $40,000 

Exempt Category 2    $40,000    $48,000 

SECTION 3.  Employees on the payroll as of October 14, 2005 shall be placed within the ranges as agreed by the parties. Salary increases are no less than four percent (4%) except for those employees who already are at salaries equal to or above the maximum for his/her category. Those employees will receive a bonus equal to two percent (2%) of their salary, minus applicable taxes, and then a two percent (2%) increase to their salary.

The salary increases described in this Section will be retroactive to July 1, 2005. CASA of Maryland agrees that the salary increases shall be implemented and the retroactive salary increases paid out as soon as possible, but not later than the November 11, 2005, pay day.

SECTION 4.  Employees will receive a three percent (3%) increase to salary effective July 1, 2006 and a three percent (3%) increase to salary effective July 1, 2007, provided, however, that employees who on those dates already are at salaries equal to or above the maximum for his/her category will receive a bonus equal to one and one-half percent (1½%) of their salary, less applicable taxes, and then a one and one-half percent (1½%) increase to their salary.

ARTICLE 36

MISCELLANEOUS

SECTION 1. CASA of Maryland shall formally evaluate employees on an annual basis.

SECTION 2. Except in cases where time is of the essence, CASA of Maryland shall provide employees with four (4) weeks’ notice of any full staff meetings where attendance is mandatory and when the meeting is scheduled to occur on a Saturday, Sunday or a holiday.

SECTION 3. In the event that a CASA of Maryland employee is involved in a motor vehicle accident while operating his or her personal vehicle while performing duties related to his/her employment with CASA of Maryland, CASA of Maryland shall reimburse the employee in an amount not to exceed two hundred and fifty dollars ($250.00) for the costs of repair to the personal vehicle, which are not otherwise compensable from any other source. Reimbursement will not be made, however, where the employee receives a ticket or is otherwise at fault.

SECTION 4. CASA of Maryland shall provide vehicle insurance coverage for all authorized users of vehicles owned by CASA of Maryland.

SECTION 5. CASA of Maryland employees who conduct outside (non-CASA of Maryland) business activities shall not utilize CASA of Maryland’s resources or employees’ contacts with the community to further that outside business.

SECTION 6. CASA of Maryland employees shall not accept gifts that are more than twenty-five dollars ($25) in value from community members, vendors, or others doing business or seeking to do business with CASA of Maryland.

ARTICLE 37

PROBATION; RESIGNATION

SECTION 1. All employees shall serve a probationary period of three (3) months CASA of Maryland may extend for up to an additional two (2) months. During that probationary period, CASA of Maryland shall have the unlimited right to discharge the employee.

SECTION 2. Employees shall give a minimum of two (2) weeks’ notice of their intention to resign. In order to use accrued annual leave during the two (2) weeks prior to the effective date of resignation, an employee must obtain the prior approval of his/her immediate supervisor.

ARTICLE 38

NO STRIKE – NO LOCKOUT

SECTION 1. During the term of this Agreement, CWA, its officers, agents and representatives, and employees shall not in any way, directly or indirectly, authorize, assist, cause, encourage, participate in, ratify or condone any strike, stoppage of work, boycott, slowdown or picketing or any other attempt to restrict or interfere with the work of CASA of Maryland.

SECTION 2. During the term of this Agreement, CASA of Maryland shall not lock out

employees.

ARTICLE 39

APPRENTICES

SECTION 1. CASA of Maryland may have at any one time up to a total of five (5) Apprentice Organizers, Apprentice Employment Specialists, ID Specialists, or other positions mutually agreed on. These positions are intended to give community members an opportunity to develop job skills necessary for regular employment at CASA of Maryland, when an opening exists and the applicant pool does not yield a fully qualified candidate. An apprenticeship will be a one-year program.

SECTION 2. During the apprenticeship, CASA of Maryland will assist the apprentice in developing the skills necessary to successfully complete the program.

SECTION 3. The starting salary for an apprentice will be $27,000. Upon successful completion of the one-year apprenticeship, the apprentice will become an Organizer, Employment Specialist, ID Specialist, or other position as provided for in Section 1, and his or her salary will be increased to the minimum salary for that position.

SECTION 4. CASA may release an apprentice at any time during the apprenticeship period, provided that an action plan for improvement had been presented to the apprentice at least six (6) weeks prior to the termination.

SECTION 5. If the apprentice graduates the one (1) year apprenticeship program, that employee will not be required to serve the 3 month probation period specified in Article 37.

ARTICLE 40

FELLOWS AND TEMPORARY EMPLOYEES

SECTION 1. Where a funder/grantor specifies any of the terms or conditions of employment of a fellow, those terms and conditions shall apply, notwithstanding any provisions of this Agreement.

SECTION 2. CASA of Maryland has the right to hire temporary employees for periods of up to four (4) months. That period may be extended by agreement between CASA of Maryland and the Union. Temporary employees shall not be in the bargaining unit.

ARTICLE 41

MANAGEMENT RIGHTS

SECTION 1. Subject to the provisions of this Agreement and consistent with applicable laws and regulations, CASA of Maryland shall have traditional management rights including but not limited to:

• To direct employees of CASA of Maryland in the performance of their duties;

• To hire, promote, transfer, assign, and retain employees, and to suspend, demote, discharge, or take any other disciplinary action against such employees;

• To maintain the efficiency of the organization; and

• To determine the methods, means, and personnel by which CASA of Maryland’s operations are to be conducted.

ARTICLE 42

DURATION AND RENEWAL

This Agreement will take effect as of October 14 th, 2005, and remain in effect until June 30 th, 2008. Within ninety (90) days prior to the expiration date of this Agreement, the Employer or the Guild may initiate negotiations for a new Agreement to take effect.

For CASA of Maryland: For CWA, District 2

Gustavo Torres, Exec. Director Tiffany Harris, Local Representative

By: ___________________________ By: _________________________

Date: __________________________ Date: ________________________

Side Letters

A. Article 13

In order to accomplish a transition to the compensatory leave system in Article 13, the parties agree that effective October 15, 2005, each exempt employee will be credited with twelve (12) hours of compensatory leave, which will be their full entitlement from October 15 through December 31, 2005. Employees who have an accrued compensatory leave balance of more than twenty-four (24) hours as of October 14, 2005 will be credited with an additional twenty-four (24) hours of compensatory leave in lieu of their balance.

B. Article 20

• CASA of Maryland will ask the Maryland Occupational Safety and Health department annually to conduct an inspection of CASA premises and to make recommendations. The Joint Committee on Working Conditions will review those recommendations.

• Montgomery County has agreed to install panic buttons at CASA of Maryland’s University Boulevard site.

• CASA of Maryland will establish a procedure for providing security guards or police presence when necessary.

C. Articles 28, 30, 32, 33

1. As of October 14, 2005, CASA of Maryland is paying a specific cost per bargaining unit member to provide the insurance coverage described in Articles 28-30 and 32-33 of the Agreement.  CASA of Maryland agrees that any savings generated by a reduction in the per-member cost shall be used only for the purpose of improving existing benefits for members of the bargaining unit.

2.      The Joint Labor-Management Committee described in Article 8 will be tasked with researching and evaluating other providers of Health Insurance, Dental Insurance, Vision Insurance, Group Life Insurance, and Short-Term Disability Insurance.  Specifically, the Committee will seek to identify an insurance carrier that can provide coverage that is superior to existing coverage, while remaining cognizant of the cost. 

Article 35 letter wages attaching chart

Side letter to be written that the making and withdrawing of certain proposals letters by CASA won’t be cited as evidence.