Office of Collective Bargaining > Labor Agreements > OCSEA > OCSEA Contract Table of Contents >
ARTICLE 7 - OTHER THAN PERMANENT POSITIONS
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This
is a labor agreement with annotations by the Office of Collective
Bargaining.
PLEASE NOTE:Language that is in bold typeface and underlined was added with this Agreement. Language that is Language in Italics are annotations added by the Office of Collective Bargaining. |
The language in this Article continues unchanged from the previous Contract.
Temporary positions are those positions in which work is of a temporary nature and a specified duration, not to exceed sixty (60) days. The Employer agrees not to use temporary positions to avoid filling permanent full-time positions.
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Attention: |
Agency Directors, Labor Relations, Personnel and Payroll Officers; Staff Representatives, Union Officials. |
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Instructions: |
Agencies should not use temporary positions to avoid filling permanent full-time or permanent part-time positions. Sixty days provides agencies with sufficient time to move through the posting and selection process. It is not an excuse to abuse the use of temporary appointment types. |
A. Interim positions are those positions in which the work is of a temporary nature and the duration is fixed by the length of absence of an employee on an approved leave of absence. The duration of interim positions shall not exceed thirty (30) days plus the length of the leave of absence. Current bargaining unit employees may receive internal interim appointments to another position within a bargaining unit covered by the terms of this Agreement; and shall be compensated as a temporary working level (TWL) pay supplement.
B. Internal Interim Appointments to Non-Bargaining Unit Positions
Bargaining unit employees may receive internal interim appointments to positions that are not covered by this Agreement; and shall be compensated as a temporary working level. Such employees will be considered members of the bargaining unit for the duration of the interim assignment, but shall not represent either the Employer or the Union in labor-management issues or the administration of this Agreement while holding the interim appointment.
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Explanation: |
This language clarifies the TWL processes for interim appointments. Internal interim appointments are paid as a TWL. |
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Attention: |
Staff Representatives, Union Officials; Agency Directors, Labor Relations, Personnel and Payroll Officers. |
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Instructions: |
Employees serving internal interim assignments in other bargaining units or as exempts are not to administer the labor agreement on behalf of the Employer. This means that they may not conduct investigatory interviews, pre-disciplinary meetings, employee evaluations, grievance meetings, respond to grievances or other duties normally performed by a supervisor. They may give limited directions to other employees such as would a lead worker. They may also make written reports and recommendations to a supervisor regarding the conduct of other bargaining unit employees. |
Intermittent positions are those positions in which work is of an irregular and unpredictable nature and which do not exceed one thousand (1000) hours per employee in any twelve (12) month period. The Employer agrees not to use intermittent positions to avoid filling permanent full-time positions. The allocation and use of intermittent positions shall be an appropriate subject for the Labor-Management Committee.
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Attention: |
Labor Relations, Personnel and Payroll Officers; Staff Representatives, Union Officials. |
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Instructions: |
An intermittent employee, upon completion of the probationary period, is eligible for and will receive a step increase. If, after receiving the step increase as in intermittent, the employee is changed to permanent status, the employee must serve up to one-half (1/2) of the probationary period. The employee will not be eligible for an additional step at the end of this probationary period. The employee will receive the next step increase upon completion of twenty-six (26) pay periods from the original probationary step increase as an intermittent employee. If the intermittent employee has not received a probationary step increase when he/she is changed to permanent status, the employee must complete probation and will receive the step increase at the end of probation. The next step increase will be granted twenty-six pay periods later. |
A seasonal employee is one that works a certain regular season or period of the year performing some work or activity limited to that season or period of the year not to exceed fourteen (14) consecutive weeks, except that Golf Course Workers and Lifeguards may work beyond 14 weeks. The Employer agrees not to abuse the designation of seasonal status.
7.05 - Salaries of Temporary, Intermittent, Interim Positions and 1,000 Hour Assignments Positions
Salaries for temporary, intermittent, interim positions and 1,000 hour assignments positions shall be equal to the step rate in the pay range of the classification received by permanent employees with an equivalent length of service.
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Explanation: |
The language of this Section clarifies how non-permanent appointment types are paid. |
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Attention: |
Agency Directors, Labor Relations, Personnel and Payroll Officers; Staff Representatives, Union Officials. |
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Instructions: |
An employee serving in a non-permanent appointment type is to be paid at the step rate of the classification as though he/she were a permanent employee. For example, when such an employee has sufficient service credit equal to having passed probation, the employee should receive a step increase. When such an employee has sufficient service credit to equal one additional year of service from the first step increase, the employee should receive a second step increase. |
7.06 - Seasonal, Intermittent, Interim, Temporary Overtime
Overtime that is available when seasonal, intermittent, temporary and interim employees are on staff shall first be offered to permanent employees.
7.07 - Welfare to Work Initiative Participants
Welfare to Work participants shall not displace full/part-time permanent bargaining unit employees. In the event that there is a recall list within an Agency, Welfare to Work participants will not be utilized in the same classification within the geographic jurisdiction where the recall list exists. In the event the program covering the participant requires wage rates and benefits different than those provided by the Employer, the Employer shall provide the wage rates and benefits pursuant to the program. Where the program does not specify wage rates or benefits, the Employer will provide the applicable wage rates and benefits as enumerated in this Agreement.
Except at the request of an affected employee, no employee shall have the number of hours they are normally scheduled to work reduced as the result of the use of non-permanent employees such as, but not limited to: seasonal, intermittent, student interns, interns, interim, established term, or temporary employees, due to the performance of such employee's duties by the non-permanent employee.
Project Employees are an appropriate topic for labor/management committees.
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Explanation: |
This language permits agencies to explore with the Union the use of Project Employees. |
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Attention: |
Staff Representatives, Union Officials; Agency Directors, Labor Relations, Personnel and Payroll Officers. |
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Instructions: |
Agencies MUST CONTACT OCB for assistance before entering into discussions regarding the use of Project Employees. OCB will provide model language to be used. |
7.10 – Temporary Working Level Pay Supplements
The Employer may temporarily assign an employee to replace an absent employee, or to fill a vacant position during the posting and selection process. All temporary working level assignments used to fill a vacant position during the posting and selection process shall not exceed one-hundred twenty (120) days unless mutually agreed to between by the parties. If the temporary assignment is to a classification with a higher pay range, and is in excess of four (4) working days, the affected employee shall receive a pay adjustment which increases his/her step rate of pay to the (a) classification salary base of the higher level position or (b) a rate of pay approximately four percent (4%) above his/her current step rate of compensation, not to exceed the top step in the pay range assigned.
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Arbitration Awards: |
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OCB #1621 OCSEA #813 |
Arbitrator Graham: OCSEA and ODJFS; 11/20/02. Article 7.10 permits the Employer to temporarily assign employees to vacant positions, so long as the assignment does not exceed 120 days. The Article is silent as to how long an employer can temporarily assign an employee to an exempt position. The Arbitrator concluded that the phrase “All temporary working level assignments” in section 7.10 meant all assignments, regardless of which bargaining unit the position is assigned, can only be filled for 120 days unless the Union and Employer mutually agree to extend the temporary working level position. |
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Attention: |
Agency Directors, Labor Relations, Personnel and Payroll Officers, Staff Representatives, Union Officials. |
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Instructions: |
Employees receiving TWL pay supplements may not be paid higher than the top step of the pay range assigned. |