KBEA CONTRACT 2004 - 2007
CHANGE HIGHLIGHTS FROM THE 2001 - 2004 CONTRACT
Changes to the contract are annotated so that you may more easily identify them. Words, sentences or paragraphs which are underlined, denote new language in the proposed ('04-'07) contract. Words, sentences or paragraphs which are lined out, denote language which has been deleted from the previous ('01 - '04) contract.
ARTICLE 1
RECOGNITION (and APPENDIX A)
Changes clarify the current titles of employees previously listed in Appendix A and not in the bargaining unit. The positions of: Workers Compensation Manager; Environmental Compliance Manager; Oil & Gas Liaison; and Kenai River Center Manager, have been added to the Appendix A list.
ARTICLE 2
DEFINITION OF TERMS
The terms "Flex Position", "Layoff" have been define and added to the definitions section. The definition of "Travel Status" was expanded to include a recuperation period before and after each travel when that travel is over weekends or after normal working hours.
ARTICLE 3
TEMPORARY EMPLOYEES
Housekeeping changes delete the word "temporary" left over from the last contract changes. The change adds substitutes for employees who are "acting in a higher capacity" to the list of those who can not become "fee payers" by remaining employed for more than 1040 hours.
ARTICLE 4
NONDISCRIMINATION
No changes.
ARTICLE 5
ASSOCIATION ACTIVITIES
No changes.
ARTICLE 6
MANAGEMENT RIGHTS
No changes.
ARTICLE 7
SECURITY OF THE PARTIES
The proposed contract defines who the "officers" of the KBEA are, and clarifies when the KBEA leave bank is used.
ARTICLE 8
STRIKE/LOCKOUT
No changes.
ARTICLE 9
PROTECTION OF RIGHTS
No changes.
ARTICLE 10
LEGAL ASSISTANCE
No changes.
ARTICLE 11
NEPOTISM
No changes.
ARTICLE 12
HOURS OF WORK
Part time employees will have two (2) consecutive days off when practicable. Language has been deleted from this article which refers to COLA payments as there are no COLA payments in this contract.
ARTICLE 13
EMPLOYEE RECORDS
No changes.
ARTICLE 14
PROBATION PERIOD
Clarified that employees who have completed an initial probationary period, may only be discharged for cause during the "probation" period of the promotion.
ARTICLE 15
ANNIVERSARY DATE
No changes.
ARTICLE 16
PERFORMANCE EVALUATIONS
A completely rewritten article. In essence, the changes state that evaluations are only required for those employees in their initial probationary period (middle and ending) and at the first anniversary date. After that, evaluations will not be required. If a supervisor believes that an employee's performance is satisfactory, he/she need not complete an evaluation. If however, an employee's performance is not satisfactory, the supervisor must write an evaluation denoting this. A plan for improvement will also be prepared which sets out what the employee is doing wrong, and what the employee must do to correct performance issues. If no evaluation is received by an employee by his/her anniversary date (or receives an evaluation which reports their performance is satisfactory or better), he/she will receive merit step increases as set out in Article 23 as appropriate.
ARTICLE 17
MERIT PRINCIPLES
No changes.
ARTICLE 18
PROMOTION, TRANSFER, DEMOTION
The new language clarifies that when "flex positions" move from one range to another after the higher range is earned, are not promotions. Finally, new probationary periods are required if an employee transfers to another position.
ARTICLE 19
SENIORITY
No changes.
ARTICLE 20
LAYOFF AND RETURN RIGHT
No changes.
ARTICLE 21
RESIGNATION/TERMINATION
The loss of a required license will eliminate the requirement from the Borough to provide two weeks notice prior to discharge.
ARTICLE 22
JOB DESCRIPTIONS
No employee will be required to undergo a probationary period solely because their position has been reclassified.
ARTICLE 23
JOB CLASSIFICATIONS AND PAY PLAN
Money: the wage schedule will be increased every year of the contract. The total increase will be as much as 9%. On July 1, 2004 the current wage schedule will be increased by 3%. On July 1, 2005, the 2004 schedule will be increase by the CPI for Anchorage, but won't be less than 1% or more than 3%. The first .5% of the increase will be kept by the Borough to help pay for healthcare. The pay schedule will then be increased by the remaining portion. On July 1, 2006, the wage schedule will also increase by the CPI for Anchorage, but won't be less than 1% or more than 3%. The first .3% of the increase will be kept by the Borough to help pay for healthcare. The pay schedule will then be increased by the remaining portion.
In other wage issues, housekeeping deletion removed the section which refers to employees beyond step 10 as there are no longer employees to which this applies. 56 hour Acting Engineers minimum consecutive hours for acting pay has been reduced.
EMT III/ACLS and Dive Pay will now result in a 2.6% change in the rate of pay. A new category of 56 hour employee entitled to additional pay are "Fire Investigator".
Maintenance and Assessing employees who fly in small airplanes or helicopters will receive an additional payment as hazardous duty pay for flight time.
ARTICLE 24
PAY PRACTICES
No changes.
ARTICLE 25
DISCIPLINE
No changes.
ARTICLE 26
GRIEVANCE/ARBITRATION PROCEDURE
No changes.
ARTICLE 27
TRAINING
The career development grant is increased from $5,000 to $7,500.
ARTICLE 28
SAFETY, TRAINING, EQUIPMENT
The provision for Nomex flight suits will be deleted for CES employees.
ARTICLE 29
OVERTIME, STANDBY, CALL-BACK, SHIFT ASSIGNMENTS
The provisions of the 2003 Fair Labor Standards Act will apply to the terms of this contract, not the new law signed into law by President Bush this January. The standby rate for 56 hour employees has been increased to 3.5 hours. The meal allowance for employees called back to work have been increased. Finally, shift differential has been added to the contract for employees working in 911, MIS and custodial positions whose scheduled start time is after noon.
ARTICLE 30
LEAVE AND HOLIDAYS
Injury leave (Worker's Comp) will no longer be paid leave by the Borough, nor may sick or annual leave be used while an employee is on Worker's Comp. Employees who are absent under the provisions of the Family Medical Leave Act (FMLA) may now choose to leave up to 40 hours of sick leave "on the books" to be used upon return to work. The requirements for granting Paternity and Adoptive leave have been changed to be the same as for Maternity leave. Brother-In-Law and Sister-In-Law have been added to the definition of "immediate family" under Bereavement leave.
ARTICLE 31
INSURANCE, RETIREMENT
The healthcare benefits and contract provisions have been completely rewritten.
Benefit changes are as follows.
+Deductible levels for medical services will increase to $200 per person/$600 per family per year.
+The Employee out of pocket limit (after the deductible has been met) will increase from $500 to $1,000 per person, and from $1,500 to $3,000 per family.
+ For employees with dual healthcare coverage through the Kenai Peninsula Borough/School District, the individual and/or family deductibles must be satisfied before benefit payment will be made.
+ The exclusions for employees whose spouses have opted for cost shifting health care plans from the spouse's employer has been continued.
The deductible for dental coverage has been increased from $50 to $100 per person ($150 to $300 per family).
Chiropractic and/or Rolfing care will be limited to 10 visits per calendar year per individual.
Gastric Bypass procedures will be subject to preapproval and conditioned on prerequisites set out in the plan document.
All visits to an Emergency Room will be subject to a $75 co-pay for each visit (per family) in additional to any other deductable or co-pay.
The wellness benefits of the previous contract have been rolled into the contract as part of the regular benefits (paid at the 80/20 ratio as for all other covered benefits). This includes Pap Smears and Mammography. Colon and Prostate Exams as medically necessary prior to age 40, every two years from age 40 to age 50 and annually after age 50. In addition, monthly Well Baby Examinations for new born babies up to 24 months of age will be covered.
Cost of healthcare:
The cost of healthcare will be paid exclusively by the Borough for the first year of the contract. Commencing with the second year, employees may be required to pay for healthcare based on the average of the last three years actual costs (not counting large claims). If the cost of healthcare for a calendar year exceeds the average of healthcare costs for the last three calendar years by more than 5%, the employees will share the costs above the 5% increase 50/50 with the Borough. In this event, the 50% portion to be paid by employees will be collected by payroll deduction starting the next July 1st (for a one year period).
ARTICLE 32
PHYSICALS
No changes.
ARTICLE 33
REIMBURSABLE EXPENSES
The mileage rate for use of personal vehicles will be increased to the federal rate of $0.375 per hour for those employees who receive a car allowance ($0.495 for those who do not). The round trip mileage flat rates to Anchorage/MatSu will be increased, as has the car allowance amount. Provisions have been added to allow the Borough to purchase vehicles and provide them to employees in lieu of employees having to use their own vehicles. Finally, meal allowances have been increased and rules for out of state travel rewritten.
ARTICLE 34
ARTICLE OUTSIDE EMPLOYMENT
No changes.
ARTICLE 35
SAVINGS
No changes.
ARTICLE 36
PRINTING OF THE AGREEMENT
No changes.
ARTICLE 37
CONCLUSION OF COLLECTIVE BARGAINING
No changes.
ARTICLE 38
SUPERSEDING EFFECT OF THIS AGREEMENT
No changes.
ARTICLE 39
DURATION OF THIS AGREEMENT
This contract is for 3 years and will expire on June 30, 2007. The next negotiations will have to begin in January 2007. This is so any changes in a future agreement can be incorporated into department budgets as soon as possible for the following year.
ARTICLE 40
EXECUTION
No change in substance, reflects the current negotiators.