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CONTRACT BETWEEN GREATER BOSTON LEGAL SERVICES STAFF ASSOCIATION
GREATER BOSTON LEGAL SERVICES, INC.
1999 with First Amendment
TABLE OF CONTENTS
Page
AGREEMENT 1
ARTICLE I: UNION RECOGNITION 1
ARTICLE II: MANAGEMENT RIGHTS 6
ARTICLE III: HOURS OF WORK AND OVERTIME 6
ARTICLE IV: HOLIDAYS 9
ARTICLE V: VACATION AND PERSONAL LEAVE 10
ARTICLE VI: HEALTH AND WELFARE 11
ARTICLE VII: NO STRIKE - NO LOCKOUT 17
ARTICLE VIII: HIRING, PROMOTION AND TRANSFER 17
ARTICLE IX: DISCIPLINE, DISCHARGE AND UNSATISFACTORY
JOB PERFORMANCE 21
ARTICLE X: LEAVES OF ABSENCE 22
ARTICLE XI: SENIORITY 28
ARTICLE XII: LAYOFFS 29
ARTICLE XIII: SALARIES 33
ARTICLE XIV: TRAINING AND SUPERVISION 39
ARTICLE XV: NON-DISCRIMINATION AND AFFIRMATIVE
ACTION POLICY 46
ARTICLE XVI: GRIEVANCE PROCEDURE 49
ARTICLE XVII: LABOR-MANAGEMENT COMMITTEE 54
ARTICLE XVIII: UNIT/NEIGHBORHOOD CENTER PROCEDURES 58
ARTICLE XIX: STAFFING PATTERNS 61
ARTICLE XX: WORKING CONDITIONS 62
ARTICLE XXI: JOB DESCRIPTIONS 66
ARTICLE XXII: RESOURCES AND LIBRARY FACILITIES 84
ARTICLE XXIII: MISCELLANEOUS 85
ARTICLE XXIV: DURATION AND SAVINGS 90
EXHIBIT A: GREATER BOSTON LEGAL SERVICES STAFF
ASSOCIATION AUTHORIZATION FOR DUES/
ASSESSMENTS CHECK-OFF 91
EXHIBIT B: SIDE LETTER 92
EXHIBIT C: EMPLOYEE NOTICE 95
AGREEMENT
[As amended by First Amendment]
This AGREEMENT entered into this 18th day of May 2000 between GREATER BOSTON LEGAL
SERVICES, INC., a non-profit Massachusetts corporation having a usual place of business in Boston,
Massachusetts (hereinafter referred to as the "Employer") and GREATER BOSTON LEGAL SERVICES
STAFF ASSOCIATION affiliated with NOLSW/District 65-UAW (hereinafter referred to as the
"Union").
ARTICLE I: UNION RECOGNITION
A. 1. The Employer hereby recognizes the Union as the sole and
exclusive representative for purposes of collective bargaining
for all employees covered in National Labor Relations Board
Case No. 1-RC-15,718 and as additionally defined in this
Agreement in the following classifications: all regular full-time
and part-time paralegals, senior paralegals, secretaries,
administrative secretary/legal assistants, unit receptionists,
database administrators, network support technicians, office
assistants, librarians, messengers and long-term temporary
employees to the extent defined in §C6b of this Article at the
Employer's Boston, and Cambridge Massachusetts locations but
excluding administrative office secretaries/confidential
employees, other confidential employees, accountants,
administrative officers, legislative officers, paralegal
supervisors, attorneys, senior aides, temporary employees other
than those defined in §C6b of this Article, associate directors,
the executive director, guards and supervisors as defined in the
National Labor Relations Act.
It is understood that wherever the words "Unit(s)" and/or
"Neighborhood Center(s)" occur said terms will apply to all
bargaining unit members including members who may be
located at Waltham, B.U., Suffolk or similar clinical programs
that are not specifically identified as either a "Unit" and/or
"Neighborhood Center."
It is agreed that this Article shall not apply to employees of the
Legal Services Center located in Jamaica Plain who are
employed in the job classifications set forth in this Article
unless a majority of said employees vote by secret ballot to be
represented by the Union.
This agreement shall also apply to employees of the Employer
in job classifications in the bargaining unit described above
employed in any extension, expansion or relocation of the
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operation of the Employer, and to employees in any new unit or
location of the Employer that would constitute an accretion to
the aforesaid bargaining unit under the National Labor Relations
Act.
2. Sub-contracting: The employer will notify the Union promptly
whenever the Employer intends to have independent
contractor(s) to perform bargaining unit work. The Employer
agrees not to hire independent contractors in such numbers and
with such frequency as to undermine the bargaining unit.
B. NOTIFICATION
At the time of initial hiring, the Employer will advise all new employees in the
bargaining unit that the Union is their collective bargaining representative and
shall provide them with a copy of this Agreement.
The Employer shall notify the Union in writing within 10 business days of
changes in bargaining unit personnel, including, but not limited to, the
following:
1. Name, address, job title, number of hours, work location, salary
and hiring date of each new employee;
2. Name of every employee who has resigned or been terminated
and the date of her/his resignation or termination;
3. Name of every employee who has taken a leave of absence and
the dates on which that leave of absence begins and ends.
C. UNION SECURITY
l. It shall be a condition of employment that all employees of the
Employer covered by this Agreement, who are members of the
Union on the effective date of this Agreement, shall remain
members in good standing and all employees covered by the
Agreement hired on or after its effective date shall, on the 30th
day following the beginning of such employment, become and
remain members in good standing in the Union.
It is agreed that the provisions of this §C1 shall not apply to
employees covered by this Agreement that were employed by
the Employer prior to July 21, 1978, unless and until any such
employee shall have joined the Union.
2. In the application of §C1 above, when the Employer is notified
by the Union, in writing, that an employee is delinquent in the
payment of Union dues, assessments and/or initiation fees
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which are uniformly required as a condition of acquiring and
maintaining membership, the Employer shall notify such
employee and if she/he has not complied within 15 days of said
notification in a manner satisfactory to the Union, and in
conformity with law, the Employer shall terminate such
employee.
3. At the time of initial hiring, the Employer shall provide each
new employee in the bargaining unit with a copy of the
Dues/Assessments Check-off Authorization Form (attached
hereto as "A") and shall offer each such employee the option of
signing such Authorization Form and submitting it immediately
to the Employer. The Employer shall provide the Union with a
copy of each completed Authorization Form within 10 business
days of receipt by the Employer.
4. The Employer shall deduct dues/assessments in the amount
established by the Union from each paycheck of the month of
the employees who have executed a Dues/Assessments
Check-off Authorization Form in the form attached hereto as
"A". The Employer shall remit to the Union within ten (10)
business days thereafter the total sum so deducted with a
statement showing the names of the employees, their respective
salaries and dates and amounts of the dues/assessments
deducted from their respective salaries.
5. The Union shall indemnify and hold the Employer harmless
against liability or economic loss that shall arise out of or by
reason of action taken by the Employer under the provisions of
this Article. However, the Union shall have no obligation to
indemnify the Employer if the Employer: (l) fails to notify the
Union within 10 business days of any suit brought or claim
made against the Employer as a result of the operation of this
Article; or (2) confesses judgment or settles any such claim
without the Union's consent; or (3) fails to appear or defend in
good faith any suit brought as a result of the operations of this
Article.
6. There shall be two kinds of temporary employees as defined and
permitted herein:
a. "Short-term" temporary employees whether paid directly by
GBLS or by GBLS through an agency shall be hired from the
outside and for a period not to exceed two months, for the
following purposes only: l) to perform specific tasks of a
temporary nature; 2) to fill a vacant bargaining unit position for
which an active permanent employee search is underway, so as
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not to place an undue burden on bargaining unit employees at
any GBLS location; 3) to fill in for an employee who is sick or
on vacation. Any extensions of the two-month period must be
consented to by the Union. The Employer will, on a weekly
basis, notify the Union of all "short-term" temporary employees
hired. Such employees are not included in the bargaining unit.
However, if a "short-term" temporary employee paid directly by
GBLS is hired to work, or has worked, more than two months,
s/he shall become a "long-term" temporary employee (as
defined in §C6b below).
The Employer and the Union agree that the Employer may hire
unlimited short-term temporary employees until thirty (30) days
preceding the date of significant layoffs of bargaining unit
members. On the thirtieth (30th) day preceding the layoffs, the
Employer agrees to fill not more than fifteen percent (15%) of
the bargaining unit positions with "short-term" temporary
employees. Prior to such a significant layoff any bargaining
unit employee subject to a layoff may bump any "short-term"
temporary employee.
b. "Long-term" temporary employees shall be hired from the
outside and for a set period of from two to twelve months.
Long-term temporary employees not paid through an agency
shall be members of the bargaining unit subject to all the rights,
privileges, and duties of regular permanent employees, except
that they may be terminated at the agreed termination date of
their employment contract without recourse to the provisions of
Articles IX, XII and XVI. The Employer also agrees, except for
long term temporary employees hired to fill positions of
employees on leave of absences, not to fill more than 5% of
bargaining unit positions with long-term temporary employees.
D. UNION OFFICERS AND STEWARDS
1. The Employer agrees to recognize the Union stewards or their
alternates and the members of the Union steering committee as
agents of the Union who will represent the Union in dealings
with Management. It is understood that Union stewards'
"alternates" shall, wherever possible, be from the same unit as
the steward in whose behalf they are acting.
2. The Union will keep the Employer currently informed as to the
identity of the Union officers and stewards, their alternates and
Union representatives as defined in Article XVI, §G1.
3. A reasonable amount of time may be utilized during work hours
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by the steward or her/his alternate at each unit to process
grievances at the informal and first steps of the grievance
procedure. However, where the grievant is the Union Steward
or where there is no Union steward or alternate, a Union
representative from another unit may process the grievance on
work time, it being understood that the scheduling of any such
grievance meeting shall have the prior approval of the managing
attorney of the other unit, and it being further understood that
the grievance meeting will take place within the prescribed time
limits and the grievant's rights are in no way prejudiced. Step 2
grievance meetings will be held during regularly scheduled
working hours and the grievant, and not more than two (2)
Union representatives, may attend without loss of pay. At any
Step 3 grievance procedure held during work hours, the
grievant, and a maximum of two other Union representatives,
may attend without loss of pay. It is understood that, depending
upon the circumstances, the Union may request that more than
three people attend a level two grievance hearing that involves a
"class grievance".
4. Any member of the bargaining unit who has been elected or
appointed by the Union as Union representative to a Labor-
Management Committee or any Committee designated to
address issues of mutual concern to management and staff shall
be permitted to attend meetings of such a committee during
work hours.
5. The Union may make reasonable use of the Employer's offices
for meetings upon approval of the managing attorney of the
particular office, which approval shall not
be unreasonably withheld. The offices will be available to the
Union before 9:00 a.m., during lunch hours, and after 5:00 p.m.
on week days, and anytime during weekends.
6. The Employer shall provide bulletin boards in all locations
covered by this agreement for notices posted by the Union.
ARTICLE II: MANAGEMENT RIGHTS
Subject to the limitations contained in this Agreement, the Employer shall not be limited in
any way in the operation and management of the locations covered by this Agreement,
including but not limited to the means and methods by which its operation shall be carried on;
to assign and direct the work force; to promulgate rules and regulations; and to determine the
number and placement of its employee work force.
ARTICLE III: HOURS OF WORK AND OVERTIME
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A. The normal work week for full-time employees shall consist of five (5) days of
seven (7) work hours each, Monday through Friday. The normal work day
shall be from 9:00 a.m. to 5:00 p.m., with one hour for lunch. An employee's
schedule may be changed by mutual agreement with her/his Managing
Attorney or managerial designee. Consistent with client need, the Employer
will make best efforts to accommodate an employee requesting flexible work
hours. Such an arrangement may be permanent or temporary. If the
arrangement is temporary, it shall be made at least one day in advance, absent
extenuating circumstances.
B. If it becomes necessary for the Employer to change the work hours of any
location covered by this agreement, the Union will be afforded a reasonable
opportunity to negotiate the change prior to any adjustment of employee work
hours by the Employer.
C. Compensatory time off accumulates during any normal work week when a
full-time staff member works more than the 35 hour work week at the request
and with the prior approval of the Managing Attorney or managerial designee.
Compensatory time will apply only to working before 9:00 a.m. and after 5:00
p.m., unless these hours constitute part of an employee's seven (7) hour
working day. Compensatory time will be computed at a rate of straight time
for hours worked between 35 and 40 and at time and one-half for overtime
worked during the week in excess of forty (40) hours and for work done on
Saturday, Sunday, and Holidays. The Employer will continue its past practice
of granting compensatory time to part-time employees. Part-time employees'
compensatory time will be computed at a rate of straight time for hours worked
between their usual work week and 40 hours and at time and one-half for
overtime worked during the week in excess of 40 hours and for work done on
Saturday, Sunday and Holidays.
D. Secretaries, AS/LA's and Receptionists shall have the option of being paid
overtime at the rate of time and a half for hours worked in excess of forty (40)
hours per week. Said Employees shall be paid overtime at double time for
hours worked in excess of forty (40) hours when work is performed on
Saturday, Sunday or a holiday.
E. Overtime will first be offered to employees (within the appropriate job
classification) in the unit in which the work is to be done. If no such employee
consents to work the overtime, the work shall be offered to an employee from
another unit who shall be the first available employee on a project wide list of
employees maintained by the Employer. If no employee volunteers a
temporary employee will be hired. All compensatory time for an employee
who works overtime in another unit and/or neighborhood center shall be
computed at a rate of time and one-half.
F. All employees who attend program-related events (including trainings) which
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have been approved by their manager/managerial designee, that would cause
the working week to exceed thirty-five (35) hours, excluding non-working
sessions, shall be eligible for compensatory time under the provisions of §C of
this Article. Included in such computation shall be all travel time exceeding
one hour one way. The Employer may require submission of an agenda of the
event as part of the documentation for the request for compensatory time.
G. All employees entitled to compensatory leave must take it, upon prior approval
of the Managing Attorney or managerial designee, and only when it is
convenient for the unit and/or neighborhood center. Such approval will not be
unreasonably withheld.
H. Accumulated compensatory time may be taken during any time within 6
months of the time that it accrues, unless otherwise arranged with the
Managing Attorney or managerial designee.
I. No more than two consecutive days of compensatory leave will be authorized
at any one time, unless otherwise arranged with the Managing Attorney or
managerial designee.
J. Overtime will be distributed as equitably as possible within each job
classification at each location.
K. Accurate records will be kept of employee work time.
L. Except as specifically provided in Article X, §B7c, there must be a mutual
agreement between the Employer and the employee as to specific hours per
work week in order for any employee to decrease his or her work hours below
the 35 hours per week. After reaching such mutual agreement the employee
who later wishes to increase his/her work hours or to alter his/her work
schedule at the agreed upon reduced work hours, must reach an additional
mutual agreement with the Employer to do so.
M. Paragraphs C - I of this Article shall not apply to employees at the Cambridge
office. Instead, consistent with CASLS past practice, each full-time paralegal
and senior paralegal at the Cambridge office shall receive an hour
compensatory time for each hour worked over 35 hours per week and each
part-time paralegal and senior paralegal shall receive one hour of compensatory
time for each hour worked over their normally scheduled work week.
Consistent with CASLS past practice, each full-time employee at the Cambridge office
who is not a paralegal or senior paralegal and who works in excess of 35 hours up to
40 hours per week shall be compensated by compensatory time off, with one hour of
compensatory time for each hour of work in excess of 35 hours per week. Hours
worked in excess of 40 hours per week with the approval of the managing attorney of
the Cambridge office shall be compensated as paid time at one and one half times the
employee's regular hourly rate. Any such part-time employee who works more than
seven (7) hours on a regularly scheduled day shall be compensated by compensatory
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time off or, subject to the approval of the managing attorney, shall receive pay at time
and a half rate for those hours in excess of seven (7). In the event that an employee
who is not a paralegal or senior paralegal is requested to work on an unscheduled day
with less than twenty-four hours of notice the employee shall be entitled to choose
either pay or compensatory time at a time and a half rate.
In all job capacities, such compensatory time must be used within two months of when
it is earned or it is lost. In all job capacities, compensatory time may be earned only on
the basis of time actually worked. Time spent at full-day conferences and trainings
shall count as 7 hours/day. Such compensatory time for any day shall not be
calculated for any time less than fifteen (15) minutes. Any employee may reasonably
refuse to work overtime if her/his needs dictate.
N. Following the signing of this Agreement, the Employer and GBLSSA shall bargain
regarding the issue of allowing members to be paid for translation and interpretation services
after hours at the rate paid to outside translation and interpretation service providers. If no
agreement is reached within three months, the $150 increase for bilingual employees in
Article XIII (G) shall be increased to $300.
ARTICLE IV: HOLIDAYS
A. Permanent salaried full-time and part-time employees shall receive their
regular daily pay for the following days:
l. New Year's Day January l
2. Martin Luther King's Birthday Federal observance day
3. Washington's Birthday 3rd Monday in February
4. Patriot's Day 3rd Monday in April
5. Memorial Day Last Monday in May
6. Independence Day July 4
7. Labor Day 1st Monday in September
8. Columbus Day 2nd Monday in October
9. Veterans Day November 11
10. Thanksgiving Day 4th Thursday in November
11. Friday After Thanksgiving
12. Christmas Day December 25
B. In the event any of the regular designated holidays occur during an employee's
vacation, that day shall be recorded as a holiday and not deducted from the
employee's accumulated vacation.
C. If a holiday occurs on a Saturday or Sunday, the Employer may in its discretion
have the holiday observed on either the preceding Friday or the following
Monday.
D. To be eligible for holiday pay, an employee must be on the active payroll
during the payroll period in which the holiday falls. Employees on unpaid
8
leaves of absence will not be eligible for holiday pay.
E. If a holiday falls on a day that a part-time employee does not work, the
employee will be entitled to time off that same week on a pro-rata basis.
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ARTICLE V: VACATION AND PERSONAL LEAVE
A. All permanent salaried full-time and part-time employees shall accumulate
vacation time in accordance with the following schedule:
Accrual Rate/Month
During first year 15 days 1.25 days
During second and sub-
sequent years 20 days 1.67 days
B. Requests for vacation should be submitted to the Managing
Attorney/managerial designee at least three weeks prior to the requested date of
the vacation, (although permission may be granted on shorter notice) and to the
Employer's Accounting Department at least two weeks prior to the date of
vacation. Vacations must be taken at times which are convenient to the unit
and/or neighborhood center in which the employee works and are subject to the
approval of the Managing Attorney/managerial designee.
Vacation pay will be paid to the employee prior to the start of the vacation if
the employee has made a request for such payment to the Employer's
accounting department at least three weeks before the start of the vacation.
C. [As amended by First Amendment] Vacation time shall carry over annually if
not used by the employee but in no event can unused vacation be accumulated
to more than forty (40) days at the end of the calendar year. Any employee
with more than forty days accrued vacation time at the end of the calendar year
will forfeit all days in excess of forty days. At least quarterly, the employer
will provide each employee information on accrued vacation. An employee
with less than one year of service and who has exhausted all sick days shall
have the option of using accumulated vacation/personal/compensatory leave
days in lieu of forfeiting the equivalent salary.
D. Unused accrued vacation time will be paid upon resignation or termination, up
to a maximum of forty (40) days accrued time. Any employee who resigns or
is terminated and has used excess vacation time will have such excess vacation
time deducted from the final pay check. Any employee who resigns or is
terminated and has used excess sick leave time will have such periods reduced
from unused vacation time and, if she or he has none, the periods will be
deducted from the final pay check.
E. An employee who terminates employment after four years and who is
reinstated or reemployed by the Employer within 12 months shall have her/his
prior service included in determining the applicable rate of accumulation of
vacation time.
F. To be eligible for vacation leave with pay, an employee must have completed
10
the probationary period and be on the active payroll in the thirty (30) calendar
day period preceding the time in which vacation is requested.
G. Vacation time will be converted to sick leave if an employee becomes ill while
on vacation.
H. In addition to the authorized annual vacation time listed above, each employee
is entitled to four days off for personal business which shall accrue at the rate
of one day per quarter. These days shall carry over annually to the extent not
used by the employee but in no event can unused accrued personal days be
accumulated to more than 4 days at the end of each quarter nor shall they be
reimbursed upon the termination or resignation of any employee. Unless good
cause is shown, employees shall give notice to their managing attorneys or
managerial designee prior to taking off any personal time.
I. In the event that any vacation leave and/or personal leave benefit is improved
for any employee of the Employer, as the result of collective bargaining, such
improvement shall be extended to the bargaining unit members.
ARTICLE VI: HEALTH AND WELFARE
A. Sick Leave
1. A permanent employee will be entitled to 15 sick days per year,
which will accrue at the rate of 1 1/4 days per month.
2. Sick time shall carry over annually if not used by the employee
but in no event can unused sick time be accumulated to more
than thirty (30) days at the end of each quarter. Any employee
with more than thirty (30) days at the end of each quarter will
forfeit all days in excess of thirty (30) days. The Employer shall
perform a quarterly review of accrued sick time as of March 31,
June 30, September 30, and December 31 of each year.
3. An employee may use her/his sick leave for illness of another
member of her/his family, including domestic partner, and/or
members of her/his immediate household.
4. After all sick days have been exhausted, an employee, if he/she
has more than one year of service, may borrow from the sick
days from the next year. Upon termination of employment or
upon commencement of a leave of absence, other than illness or
injury leave, an employee who has overdrawn sick days will
have that time deducted from his/her vacation time, and if the
employee has no vacation time the time will be deducted from
his/her final pay check.
5. An employee will notify her/his unit and/or neighborhood center
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by 9:30 a.m. of the first day of illness and keep the unit and/or
neighborhood center apprised of progress during the course of
the illness. In situations where there is a suggestion of a pattern
of individual or group abuse, employees may be required to
furnish evidence of illness to the managing attorney or designee.
6. If an employee has exhausted all of his/her sick leave, vacation,
compensatory and personal time , the employee shall, upon
request, receive up to an additional 20 days of sick leave for the
sole purpose of bridging the gap before the employee qualifies
for long or short term disability as the result of an illness, injury,
or disability.
The employee must present medical evidence demonstrating an inability to work and
a good faith claim for short term or long term disability insurance.
No employee shall be eligible for this benefit while subject to his or her probation
period.
7. Federal Family Medical Leave [As amended by First Amendment]
Employees shall have any rights granted under the Federal Family Medical Leave Act that
are greater than those otherwise granted in this Article. Domestic partners of GBLS
employees shall be deemed spouses for the purpose of determining rights granted by GBLS
under the Federal Family Medical Leave Act. The Employer shall continue to pay all
insurance benefits to anyone on unpaid leave under the Federal Family Medical Leave Act.
Seniority shall continue to accrue during leaves under the Federal Family Medical Leave
Act.
For leaves based upon a serious health condition of the employee, or the son, daughter,
spouse, domestic partner, or parent of the employee, that qualify for leave under the Family
Medical Leave Act, the following notice requirements will apply:
a. In instances of a foreseeable leave, where possible, the employee will provide the
program with thirty days notice, except where the dates of treatment requires the
leave to begin in less than thirty days, and where the dates of treatment begin in less
than thirty days the employee shall provide such notice as is practicable.
b. In instances where the employee needs to take time off on an intermittent basis as
allowed under the Family Medical Leave Act, the thirty day notice requirement
applies to the intent to use the Family Medical Leave benefit and not to the notice of
the individual treatment dates. The employee will give notice of the individual hours
or days needed off in these situations as soon as is practicable.
B. Employee Insurance Benefits
GBLS will purchase dental, basic life insurance and long and short term disability
12
insurance with benefits comparable to or greater than that provided during 1991 so
long as such insurance is commercially available. GBLS will purchase and provide
employees the option to enroll in one of the following medical insurance plans:
A. Blue Cross/Blue Shield Blue Care Elect plan offered during 1997.
B. Blue Cross/Blue Shield HMO Blue
C. Harvard Pilgrim Health Plan
If any of these medical insurance plans are not available the employer will offer a plan with
comparable coverage if such insurance is commercially available at rates comparable to that
paid in 2000. If such insurance is not available at comparable rates the employer will
negotiate with the union about the provision of substitute coverage.
The Employer has no control over the benefits offered by the various medical insurers.
Changes which the insurers may make from time to time in the health benefits which the
employer purchases will be communicated by the Employer to the affected employees as
soon as the Employer is notified of such changes. Affected employees will be notified of
such changes at least 30 days prior to the effective date of such changes. In the event of such
changes, the Employer shall make its best efforts to arrange with the insurers for employees
affected by such changes to be permitted to transfer to other plans for which they would have
been eligible during the open enrollment period or upon their employment as set out above.
If Harvard Community Health Plan incorporates into its standard benefit plan
reimbursement for prescription drugs in January, 1982 or anytime thereafter,
GBLS shall provide that benefit to bargaining unit members with Harvard
Community Health Plan coverage.
The Employer will pay the full costs of the premium for the aforesaid plans for
all permanent full-time employees and on a pro-rata basis for all permanent
part-time employees. For a permanent part-time employee to be eligible for
coverage, the employee must have a regular work schedule of at least 21 hours
per week (an employee is eligible if, prior to October l, 1983 that employee
worked at GBLS at least 17 l/2 hours per week). The part-time employee will
pay the cost of the insurance premiums on a pro-rata basis and the Employer
will pay the remainder of the premium.
Notwithstanding the previous paragraph, employees may elect to pay premiums for long
term disability by having the premiums deducted from their salary, in which case the
employer shall increase the employees' salary by the amount of the long term disability
premium.
For any employee who waives coverage under the medical insurance plans provided by
GBLS, GBLS will reimburse that employee for premiums and deductibles paid for the
employee for coverage under another medical insurance plan purchased by the employee up
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to the maximum amount that GBLS would have paid for premiums under any plan offered
by GBLS, for which the employee would have been eligible. The employee must provide
GBLS with evidence of payment of the premium and deductible amounts
C. Welfare
1. Worker's Compensation - The Employer will provide worker's
compensation insurance coverage as required by law.
2. Unemployment Compensation - The Employer will provide
unemployment compensation coverage as required by law.
3. Life Insurance Extension - Employees will be permitted to
purchase additional insurance at their own expense to the extent
permitted under the relevant insurance contract.
4. Health Administrator.
a. The Employer's Health Administrator and/or the designee shall schedule a
meeting within one week of the employment to meet with a new employee. At that
time the Health Administrator shall give an explanation of all plans available. The
Health Administrator shall also provide that new employee with a full written
explanation of all plans.
b. The Health Administrator shall make at least one visit per
year to each unit.
c. The Health Administrator and/or her/his designee will, at the
request of a unit, make an additional visit(s).
5. Child Care - The Employer will offer employees with
dependents the option of a salary reduction program to pay for
dependent care services so long as such a program is approved
by the Internal Revenue Service.
D. Pension
1. Governing Laws & Regulations
GBLS is establishing a Defined Contribution Pension Plan (Plan). The Plan is governed by
the rules, regulations and laws of the United State’s tax code of the Internal Revenue Service and
the Employee Retirement Income Security Act of 1994 (ERISA) and any other applicable laws and
any future amendments or changes to them. If any provision of the Plan is rendered invalid by these
laws, the provision will not be binding and will be subject to renegotiation.
2. Employee Eligibility
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All permanent GBLS employees, including persons not members of the bargaining unit, are
eligible to participate in the Plan two years after their date of hire, except any employee(s)
classified under ERISA laws as “Highly Compensated Employee” (HCE) who will not be
eligible to participate in the Plan.
3. Distribution Formula
In any year which the Employer makes a contribution to the Plan, the amount to be
distributed to eligible employees will be the amount agreed to by the Employer and the Union less
the share based on the distribution formula described below for any employee(s) classified under
ERISA laws as “Highly Compensated Employee”.
The amount of funding agreed to by the Employer and the Union will be divided equally into
two tiers.
TIER ONE will be distributed by the following calculation:
C Each full-time, eligible employee employed for a full year will receive a full credit.
C Part-time employees employed for a full year will receive a fraction of a credit in
proportion to the percentage of time they work. For example, an employee employed
60% time will receive a .6 credit.
C If after January 1st of a year an employee becomes eligible or leaves GBLS’
employment, the eligible employee will receive 1/12th credit for each eligible month
of employment. The employee must be employed at GBLS for 16 or more days of a
month to receive the 1/12th credit for that month. For example, if a full-time
employee becomes eligible on May 17th, the employee will receive 7/12th of a credit.
An employee working 60% time becoming eligible on the same date would receive
60% of the 7/12th credit.
C An eligible employee’s share of Tier One will be the value of the credit determined
by dividing the aggregate amount of credit points of all eligible employees and those
credit points of any HCE who have been excluded from the Plan into the amount of
funds available under Tier One.
TIER TWO will be distributed by the following calculation:
C Each eligible employee will receive one service credit point for each year of
employment in non-for-profit agencies, including governmental agencies, as
determined by GBLS’ Personnel Director. Service credits for each member of the
GBLS Attorneys Union will be the same as their experience level as assigned for
placement on the Attorneys Union’s salary scale less any years working as an
attorney in a for-profit organization. Service credits for GBLS Staff Association
members will be the same as their experience level assigned for placement on the
Staff Association Union’s salary scale less any years for which they received credit
working in a for-profit organization. Employees who are not member of a collective
bargaining unit will be assigned by the Personal Director comparable service credits
for relevant experience in not-for-profit work. Any fractional service credit will be
rounded up or down to the nearest whole number. The exclusion of for-profit
experience from service credit points for Tier Two is grievable under Article 27 of
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the contract.
C When this plan is implemented and thereafter when a person is hired for a permanent
position at GBLS, the Personnel Director will inform the employee of the number of
years of service credits they will receive.
C After that assignment of service credit, one additional service credit will be given for
each year of additional service at GBLS.
C Part-time employees will receive a full service credit for the year.
C Staff becoming eligible for the Plan subsequent to January 1st of any year will receive
a full service credit for the year.
C Staff leaving GBLS before the distribution date will not be entitled to any share
under Tier Two, except those who leave GBLS due to retirement, permanent
disability or are involuntarily laid-off.
C An eligible employee’s share of the amount of funding available under Tier Two
will be the value of a Tier Two service credit for that year times the number of the
employee’s service credits. The value of a Tier Two credit will be determined by
dividing the amount of funding available for Tier Two by the aggregate amount of
service credit points for all eligible employees and those credit points of any HCE
who have been excluded from the Plan.
4 Vesting
An eligible employee will be 100% vested once a contribution to the Plan is made by the
Employer on the employee’s behalf.
5 Date of Annual Contribution
In any year in which the Employer commits to making a contribution to the Plan, it will
make the contribution for each eligible employee as close as possible to December 31st but no later
than January 15th of the following year. If the Plan offers eligible employees a choice of investment
options and by the date of distribution an employee has not informed the Employer of the
employee’s choice of investment option, then the Employer will invest the contribution on behalf of
that employee in the Founder Balance Fund or, if that fund is no longer available under the Plan, in
a fund offered under the Plan which, as close as possible, reflects a balanced fund investment
approach.
.6 Amount of Contribution
The employer shall set aside $50,000 in 2000, $55,000 in 2001, and $60,000 in 2002 as a
contribution to a pension fund for all employees including those not members of the bargaining unit.
The funds shall be deposited in accordance withe the terms and conditions of the pension fund
agreed to in this Article.
E. Extension of Improvements
In the event that any health and/or welfare benefit is improved for any
employee of the Employer, such improvement shall be extended to bargaining
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unit members.
ARTICLE VII: NO STRIKE - NO LOCKOUT
Neither the Union, nor any of its agents or any employee represented by it shall induce or
engage in any strikes, slowdowns, work stoppages, mass absenteeism, or induce any mass
resignations during the term of this agreement.
The Employer shall not lock out its employees during the term of this agreement.
ARTICLE
VIII: HIRING, PROMOTION AND TRANSFER
A. HIRING AND PROMOTION
l. Job Posting/Notice
On all job postings, the Employer shall include a description of
significant responsibilities and qualifications germane to the
job.
The Employer will give notice of the availability of job
vacancies within the bargaining unit to bargaining unit members
simultaneously with outside advertising and at least fourteen
(14) days prior to outside hiring. Such notice will be given to
the Union Secretary as well as being mailed to each unit and
neighborhood center to be placed on union bulletin boards.
Notice will also be given simultaneously to those places cited by
the Union as prime potential sources of minority employees and
will adhere to the requirements as set forth in Article VIIB of
the Affirmative Action Plan.
2. Filling of Vacancies
The Employer will continue its current policy of encouraging
the promotion of bargaining unit employees.
Bargaining unit employees who apply for a position within the
posting period shall be interviewed prior to filling the position
from either the inside or the outside. Where practicable, the
Employer will interview bargaining unit applicants prior to
outside applicants. Promotions or permanent transfers shall be
based upon the seniority, experience, and qualifications
germane to the job of those who apply, but such vacancy shall
be filled by a bargaining unit employee if her/his experience and
qualifications are equal to outside applicants. As between two
applicants from the bargaining unit with approximately equal
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experience and qualifications, seniority shall be controlling.
If principles of affirmative action require, applicants of color
who possess qualifications and experience equal to other
applicants shall be given preference for the position.
The Employer will make best efforts to fill vacancies in the
mostly severely understaffed offices/units first, or as the
principles of affirmative action require.
3. Permanent Employees/Temporary Positions
The Employer may fill a temporary position with a permanent
employee, however, such position shall be posted and filled in
accordance with §Al and 2 of this Article.
Such positions shall be filled for a period not exceeding the time
period specified in the posting. Upon mutual agreement with
the employee, the Employer, and the Union, an extension for a
then specified period of time may be granted. The salary paid
during this selection shall be at the rate established in Art. XIII,
§§A and C. When the time limits and extensions, if any, have
expired, the employee will then return to his/her previous job
classification and location. The employee's salary shall return to
the prevailing and appropriate rate on the Experience Ladder, as
defined in Article XIII, §§A and C.
4. Selection/Promotion
A bargaining unit employee who is selected to fill a position in
a higher job classification pursuant to §§A2 or 3 of this Article
may rescind the selection/promotion within thirty (30) days, in
which case the employee will return to his/her original
classification. During said period the Employer may rescind the
selection/promotion. The sole basis
for such rescission shall be unsatisfactory job performance but
the Employer's decision shall not be grievable beyond Step 2.
5. Right to Notification
a. Paid leaves: Any bargaining unit member who is on a paid
leave of absence, who has completed the "Job Notification
Request Form" and who has submitted it to the Employer, shall
receive written notification of vacancies that occur during such
leave. Such notice shall be pursuant to §§Al, 2, and 3 of this
Article.
b. Unpaid leaves: Any bargaining unit member who is on an
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unpaid leave of absence, who has informed the Employer of
his/her intent and prospective date to return to work, who has
completed the "Job Notification Request Form" and who has
submitted it to the Employer, shall receive written notification
of vacancies that occur during such period. Such notice shall be
pursuant to §§Al, 2, and 3 of this Article.
c. The Union Secretary shall continue to receive notification
from the Employer of new hires and changes in status of current
bargaining unit members. Included in that notice is salary
information.
B. TRANSFERS
l. Voluntary: A voluntary transfer may occur upon mutual
consent between the employee and the Employer.
2. If, due to physical disability, an employee is rendered unable to
perform her/his job, she/he may transfer to a job vacancy in the
same classification in a different location, or to a vacancy in a
different job classification if she/he has had previous experience
in the job classification and continues to be qualified to perform
the work.
3. Transfers caused by the merger, consolidation, allocation or
reallocation of positions in the offices and units covered by this
agreement may be made by the Employer. If the Employer has
more than one location available for transfer, the employee may
choose the placement location, and if more than one employee
is affected, the choice of placement location shall be governed
by seniority.
Transfers caused by lay-offs will be subject to the procedures
set forth in Article XII.
C. The Employer may pay non-bargaining unit employees entering bargaining unit
positions at the same salary level said employee was receiving in a
non-bargaining unit position if said salary was higher. However, the salary
shall remain constant until her/his salary as computed under this Agreement
equals her/his pay in the former position. Unless otherwise specified in this
Agreement, all other terms and conditions of employment will be covered by
this collective bargaining agreement.
D. Bargaining unit members shall be notified of any available staff attorney
position or positions by the employer if the members have graduated from law
school or are due to graduate prior to the filling of such position. Such
bargaining unit members who apply for such position(s) and meet the
qualifications for the position shall have the right to be interviewed and given
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due consideration by the Hiring Committee.
Subject to approval by the Attorneys Union, any bargaining unit member who
is hired for a staff attorney vacancy and whose current salary is greater than
his/her salary would be as a staff attorney will be paid at his/her current salary
level, or at $2,000 above the staff attorney scale, whichever is less, as provided
for in the Attorneys Union contract. If such bargaining unit member is paid
above the staff attorney scale, his or her salary shall remain frozen in
accordance with the provisions of the Attorneys Union contract for staff
attorneys who are initially paid above the scale.
ARTICLE IX: DISCIPLINE, DISCHARGE, AND UNSATISFACTORY JOB PERFORMANCE
A. The Employer shall not discipline or discharge employees without just cause.
Upon the taking of such personnel action, the Employer shall notify both the
Union President and the employee.
The Employer may discharge an employee for cumulative misconduct which
occurs three or more times within any 12 month period and which has resulted
in disciplinary actions pursuant to this section.
B. During the period of discipline the facts of discipline or facts giving rise to
discipline shall not be disclosed to clients, courts, agencies, opposing counsel,
or parties, unless, in the judgment of the person who assumes representation,
such disclosure is necessary to protect a client's interest or to inform the client;
C. If any employee who is disciplined pursuant to this Article is not the subject of
further disciplinary actions within twelve months, any record of such discipline
shall not be referred to or raised in any subsequent disciplinary or other
personnel evaluation or action;
D. All records of disciplinary actions shall be kept in the employee's personnel file
and the fact of such discipline shall not be disclosed by the Employer to any
person unless waived in writing by the affected employee.
E. Where an employee's job is in jeopardy due to unsatisfactory work
performance, the employee shall be advised in writing of his/her deficiency.
The staff member shall then be granted an opportunity to rebut any deficiency
in writing, and to discuss the matter with her/his Managing Attorney. No
document containing negative information about an employee's job
performance shall be placed in the employee's personnel file without following
the above procedure.
A Performance Improvement Plan will be developed for each employee
described above who has been advised in writing of her/his deficiency. To the
extent appropriate, this will include a listing of the areas of inadequate
20
performance, a plan for skills development, and a time limit for
implementation, which shall normally be thirty (30) days. If successfully
completed, no further disciplinary action shall be taken on that particular
complaint. If the employee is unsuccessful in completing the Plan, the
Employer may terminate the employee. In cases of partial success at the
conclusion of the Plan, the Employer may opt to terminate the employee,
extend the time limit for implementation, or devise a new Plan.
In cases of termination due to unsatisfactory job performance an employee
shall receive two weeks' notice of intention to dismiss, or two weeks' pay in
lieu thereof at the Employer's option.
ARTICLE X: LEAVES OF ABSENCE
A. Paid Leaves of Absence
Any employee who is on paid leave of absence shall continue to accrue all
benefits, including salary increases, she/he would usually be entitled to and
will continue to accrue seniority. An employee who is on a paid leave of
absence has a right to return to her/his job at the end of the leave in the same
unit and/or neighborhood center and position in which the employee was
previously employed.
1. BEREAVEMENT LEAVE OF ABSENCE
a . An employee who suffers the death of a spouse, household
member, domestic partner, parent, sibling, child, grandparent,
grandchild, brother-in-law or sister-in-law; spouse or domestic
partner of a child; or parent, sibling, child, grandparent, brother-
in-law, sister-in-law, grandchild of a spouse or domestic partner,
shall be entitled to three days leave of absence with pay.
b. An employee who suffers or whose spouse or domestic
partner suffers the death of an aunt, uncle, niece or nephew shall
be entitled to one day leave of absence with pay.
c. Two additional days shall be added to the bereavement leave
specified above if the deceased individual lived or is being
buried outside the state of Massachusetts.
2. JURY DUTY
Any employee who is called for jury duty will be paid a salary
differential between the employee's straight time rate and jury
pay. Differential pay will not be granted if the jury duty is
performed while on a previously authorized leave of absence,
layoff, or if laid off while on jury duty.
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3. EMERGENCY WEATHER CONDITIONS
When, as determined by the Executive Director, weather
conditions force the closing of a location, employees will
receive full pay for days of work missed. If the Executive
Director shall determine that some locations shall be closed
while other locations shall be open, employees may be assigned
to work in those locations which are open, unless weather
conditions or personal hardships prevent the employee from
getting to the other office.
4. MILITARY RESERVES
An employee who is required to participate in annual training as
part of a military reserve program will be paid the difference, if
any, between the employee's straight time rate and the pay s/he
receives for reserve training for a period not exceeding four (4)
weeks.
5. Sabbatical leave
Secretaries, receptionists, AS/LA's and Office Administrators , messengers and librarians are
entitled to five days of paid leave and network support technicians, data base administrators,
paralegals, senior paralegals are entitled to ten days of paid leave as a sabbatical leave, in
addition to other leaves and vacation, after completion of every seven years of service at
GBLS and/or CASLS beginning January 1990, subject to the following conditions:
a. Sabbatical leave must be taken within the seven years from the first date of eligibility
unless it has been requested and denied.
b. Sabbatical leave may not be taken after an bargaining unit member has announced his or
her intention to resign and unused accrued sabbatical time shall not be paid upon termination
or resignation.
c. In general, no more than seven sabbatical leaves shall be granted to paralegals and senior
paralegals in any two consecutive quarters and no more than one in any unit in any two
consecutive quarters provided that the employer way waive the limitations in this subsection.
d. Sabbatical leave shall be applied for and approved in the same manner as vacation under
Article 19.1(c).
B. Unpaid Leaves of Absence
1. MILITARY LEAVE
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An employee who is drafted, if s/he wishes, has a right to return
to her/his former job, where possible, at the end of the enforced
period of military service. Seniority shall accrue during the
unpaid military leave.
2. DISCRETIONARY LEAVE
Upon request, the Executive Director may grant a leave of
absence without pay. If the leave is granted, a date shall be set
for the end of the leave, and the employee shall have the right to
return to employment on that date. If return on the prearranged
date is impossible, and reasonable notice is given, the employee
may return to work up to two (2) weeks later. If the employee's
former position is vacant, he/she may return prior to the
termination of the leave. The employee must give notice to the
Employer of the availability of early return. Approval of
requests for discretionary leaves of absence shall not be
unreasonably withheld. It is understood that one ground for
refusal of discretionary leaves may be staffing problems in the
employee's unit and/or neighborhood center, but not the fact that
all legal services units or neighborhood centers need additional
staff. Another ground for refusal may be that the Employer is
persuaded under the circumstances that the employee is not
likely to return to work at GBLS.
3. PARENTHOOD LEAVE (MATERNITY/PATERNITY)
a. Any woman employee shall be entitled to a maternity leave
of absence not to exceed nine months unless her physician shall
state in writing that her illness or disability will exceed nine
months, in which case the terms of this contract relating to
disability leave shall apply. One month of such leave shall be
with pay. She shall give reasonable advance notice to the
Executive Director of the date she proposes to begin her
maternity leave.
b. Upon two (2) months' notice of intent and upon three weeks'
notice of the proposed starting date, a male employee shall be
entitled to a leave of absence not to exceed nine months for the
sole purpose of remaining at home to care for a new child of
that employee. One month of such leave shall be with pay.
c. Parenthood leave shall be available to parents of newly
adopted infant children. A parent of a newly adopted infant
child shall be entitled to a leave of absence not to exceed nine
months for the sole purpose of remaining at home to care for
that child. Reasonable notice will be given as to starting date of
this leave. One month of such leave shall be with pay.
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d. Unless waived by the employee, the Employer shall continue
to provide full health, life and disability benefits then applicable
to that employee while on parenthood leave under §§B3 a, b,
and c of this Article. The same shall be provided under the
Employer's present contract of insurance but where the
employee can obtain any such coverage through another family
member which is substantially equivalent in all respects, the
Employer shall not be required to pay for any such coverage.
e. The cost of such insurance as provided for in paragraph d
shall be reimbursed to the Employer by the employee should
he/she fail to return to employment on the expiration of the
parenthood leave or fail to work an additional eighteen (18)
months, not including unpaid leave, following return from
parenthood leave, unless such failure is a result of layoff by the
Employer, disability or death.
f. It is understood that the Employer will pay the full cost of
benefits if the employee leaves and returns as a full-time
employee; and the pro rata share applicable at the beginning of
the leave if the employee is a part-time employee at the
beginning of the leave. In the event a full-time employee
returns to work as a part-time employee, that employee will be
responsible for the pro rata share of coverage equivalent to their
pro rata share as a part-time employee (unless such part-time
employment is the result of the Employer reducing the hours of
the employee) paid for by the Employer during the time-period
the employee was on leave.
g. Employees may also use any accrued sick, personal, vacation, or other
compensated time for the purpose of caring for a newborn or newly adopted child.
4. SABBATICAL LEAVE
After 7 years of service, an employee shall be entitled to take an
unpaid leave of absence, not to exceed 6 months, subject to the
following conditions: No more than 6 employees may take a
sabbatical leave in any given year, with no more than one
employee on sabbatical leave per unit per year. Sabbatical
leaves must be approved by the Managing Attorney, who will
consider the staffing needs of the unit.
5. ILLNESS OR INJURY LEAVE
a. An employee shall be granted a leave of absence without pay
for personal illness or injury effective for the entire duration of
the employee's disability, but not to exceed two years.
24
b. An employee shall be granted a leave of absence without pay
for illness or injury of a family member or for a related
emergency, but not to exceed six months.
6. UNION LEAVE
Union leave, without pay, will be granted for a maximum of
three union members in any contract year for a maximum of one
month per person.
7. HEALTH INSURANCE WHILE ON LEAVE OF ABSENCE
The Employer will continue to provide health insurance
coverage for employees on any unpaid leave of absence at
employee's expense to the extent allowed by the insurance
contract except as otherwise required by law.
The employer will continue to provide, at the employer's
expense, health insurance coverage for any employee during
leaves of absence for which the employee is receiving short
term disability benefits. The employer will continue to provide
health insurance coverage, at the employer's expense, for any
employee during leaves of absence for which employees are
receiving long term disability benefits for the lesser of twenty-
four months or until the employee begins to receive either
Supplemental Security Income benefits or alternative health
insurance coverage.
8. REINSTATEMENT RIGHTS
a. An employee on any kind of unpaid leave of absence has a
right to return to her/his job at the end of the leave at the same
rate of pay in effect when the leave commenced, plus all
applicable increases except seniority increases.
b. An employee on a maternity/paternity or illness or injury
leave not exceeding nine months, or union leave not exceeding
one month will have the right to return to the same unit and/or
neighborhood center in which the employee was previously
employed so long as there is only one bargaining unit member
on such leave at any one time. In the event the employee's
former unit and/or neighborhood center has relocated,
consolidated or merged with other units and/or neighborhood
centers of the Employer, the employee will be offered his/her
job in the new unit and/or neighborhood center (if there is an
opening for her/his job at that new unit and/or neighborhood
center), or the employee may select an alternative location if an
opening exists.
25
c. Any full-time employee who returns to work on a part-time
schedule, following any kind of unpaid leave of absence, retains
the right to resume a full-time schedule at any time within one
year of his or her returning from leave. Not less than two
months prior to returning, the employee must reach mutual
agreement with the Employer as to total hours per week and the
working schedule. Within one month following such return, the
employee must state his/her intention to resume a full-time
schedule and the intended date of such resumption. Such
resumption shall not be sooner than one month from the
notification date. Upon mutual agreement between the
Employer and the employee, this one month period may be
waived.
d. If the employee would have been laid off but for the fact of
the employee's absence on leave, the employee shall not be
entitled to return to employment but shall be entitled to recall in
accord with Article XII, as if the employee had been laid off in
accord with that employee's seniority. In such case the
employee will be entitled to severance pay as of the day he or
she would have returned to work pursuant to Article XII.
e. If the employee's seniority is such that the employee would
not have been laid off but for the fact of absence on leave, the
employee shall have full right to reinstatement, whether or not
such reinstatement will cause the least senior employee to be
laid off.
f. The Employer shall provide the Union with a list of all
bargaining unit members on a leave of absence.
ARTICLE XI: SENIORITY
A. Seniority means length of continuous employment from the last date of hire,
and ends when:
l. the employee quits or is discharged for good cause;
2. the employee is laid off for a period in excess of two (2) years;
3. the employee is recalled to work after a layoff and fails to notify
the Employer or his/her intention to return within five (5)
scheduled working days after receipt of notice of recall, or,
having given such notice, fails to return to work within
seventeen (17) working days (or such longer period as the
Employer and the Union may mutually agree upon) after receipt
of notice of recall.
26
B. Seniority will revert to the original date of hire if an employee terminates in
good standing after working at least 4 years, and is reemployed within twelve
(12) months of termination of employment.
C. Seniority shall accrue in the following situations and as otherwise specified in
this Agreement:
1. involuntary leave of absence, (illness, disability, or emergency
leaves), seniority will accrue for a period of up to three years;
2. voluntary leave of absence (discretionary), seniority accrues for
duration of leave up to a maximum of twelve (12) months.
D. No employee will lose seniority due to any change in job classification.
E. Employees shall have no seniority rights or other tenure until after completing
a probationary period of three months satisfactory service, during which period
she/he may be terminated or disciplined for reasons related to job performance
without said termination or discipline being subject to either the
discipline and discharge, or the grievance and arbitration provisions of this
Agreement. If remaining in the employ of the Employer after completing such
probationary period, a new employee's seniority shall be computed from the
date of her/his hiring.
ARTICLE XII: LAYOFFS
The Employer will use its best efforts to avoid personnel cuts. In the event layoffs become
necessary, the following shall apply:
A. Each employee is obligated to notify the Employer promptly in writing of any
change of address or telephone number. The Employer in any case in which it
is obligated, pursuant to the provisions of this Agreement, to communicate
with an employee, may rely upon the last known address or telephone number
of such employee appearing on the Employer's records. Any notice required to
be given to an employee will be deemed given when mailed, postage prepaid,
by Registered or Certified Mail, return receipt requested, to him/her at such last
known address.
B. In the event of a reduction in the work force, the Employer will justly and
equitably redistribute the remaining work load.
C. The Employer must notify the Union as soon as any reduction of the bargaining
unit by layoff is being considered. This notice must be a minimum of thirty
days prior to such intended layoff. In the event of significant layoffs, i.e.,
affecting, over any consecutive 90-day period, at least either twenty-five
percent (25%) of the bargaining unit membership or 25% of the units at which
bargaining unit members are employed, notice will be a minimum of sixty (60)
days, unless the funding loss or other development requiring such layoffs does
27
not afford time for such 60-day notice.
After giving notice involving significant layoffs, as above defined, the
Employer will do the following prior to any notice of layoff to individual
employees pursuant to §F:
1. Provide to the Union project-wide fiscal and budgetary records
consistent with past practice;
2. Call a GBLS staff meeting, pursuant to Article XVII, 7;
3. Provide to the Union an outline of projected layoffs of
bargaining unit employees and enter into negotiations with the
Union to resolve questions concerning the order of layoffs and
transfer of existing employees at least (7) days prior to notice to
affected employees pursuant to §F.
D. In the event of a layoff, the Employer reserves the right to determine which
classifications and locations are to be reduced in the work force. In
determining the order of layoffs and recalls, receptionists, secretaries,
administrative secretaries/legal assistants, data base administrators, office
assistants, senior paralegals and paralegals shall be considered separate
seniority units and seniority shall apply on a program wide basis. The order of
layoff shall be governed by seniority provided that the remaining senior
employees in the classification in which the layoff occurs are qualified to
perform the work remaining. An employee adversely affected by a reduction
or elimination of position shall be transferred to the position in her/his
classification where the layoff has occurred. If two or more employees are
adversely affected, the choice of placement locations will be governed by
seniority. An employee subject to layoff may displace junior employees in
another classification if she/he has had prior experience in said classification
with the Employer and continues to be qualified to perform that work or can
become qualified during the thirty (30) day notice period.
If any transfers pursuant to this section result in any unit having no bargaining
unit employees of color and if there is an employee(s) of color who wish(es) to
join that unit, then the most senior of any employee of color who so wishes
may transfer to that unit. If this transfer makes that unit overstaffed in the
employee's job classification, the least senior employee in that job
classification shall transfer to the position from which the employee of color
transferred.
An employee who accepts layoff rather than exercising displacement rights, either in her/his
classification or another classification, shall be recalled only to the position from which laid
off, unless she/he has notified the Employer of her/his desire to be considered for recall to
other positions. Upon receipt of such notice from an employee, she/he will be considered
for such recall as vacancies arise.
28
An employee who is recalled to work in the job classification the employee had at the time
of lay-off and fails to notify the Employer of his/her intention to return within five (5)
scheduled working days after receipt of notice of recall, or, having given such notice, fails to
return to work within fourteen (14) days (or such longer period as the Employer and the
Union may mutually agree upon) after receipt of notice of recall has no further recall rights.
An employee who is recalled to work in a job classification for which the employee
had displacement rights and who had notified the employer of his/her desire to be
considered for recall to that job classification who fails to notify the Employer of
his/her intention to return within five (5) scheduled working days after receipt of
notice of recall, or, having given such notice, fails to return to work within fourteen
(14) days (or such longer period as the Employer and the Union may mutually agree
upon) after receipt of notice of recall has no further recall rights in that job
classification.
Employees on recall status who accept or decline temporary positions are still entitled to
recall with the rights and obligations set out above.
Prior to the institution of the change in recall rights as set forth in this section, the employer
must notify all employees on recall status of the change by sending notice of this change
using certified mail to the last known address of those members.
E. For purposes of this Article, the term "qualified" or "qualification" shall mean
the ability to perform the minimum job duties set forth in the job description
for the classification in question.
F. In the event of a layoff an employee, including employees on paid leaves of
absence, will receive thirty (30) days notice of his/her layoff. An employee
will be allowed up to 21 hours time off with pay during this notice period to
seek other employment. The scheduling of time-off will be subject to the prior
approval of the employee's Managing Attorney/managerial designee, provided
that such approval shall not be unreasonably withheld.
G. The Employer agrees to provide seminars of instruction in job-hunting and
career-change skills to all employees facing layoff by a person trained in job
counseling.
H. In the event of a layoff, an affected employee's health insurance will be
continued for thirty days from layoff at the Employer's expense.
I. An employee subject to layoff with less than three years employment with the
Employer will receive three weeks severance pay; all employees with three or
more years employment shall receive four weeks severance pay.
J. If a person transfers from a non-bargaining unit position to a bargaining unit
29
position, for the purposes of this article, the person's seniority shall be counted
from the date of original employment with the Employer.
K. No new employees shall be hired in a job classification until laid off employees
in that job classification are recalled.
L. In reinstating employees, the last person laid off from the bargaining unit shall
be the first reinstated.
M. If the Employer merges with, consolidates or assumes another program
essentially engaged in providing legal services to the poor and there are layoffs
of bargaining unit members within the subsequent six months, then 50% of the
bargaining unit employees previously employed by such other program who
would otherwise not be subject to layoff will be laid off. If, within the six
months preceding such a merger, consolidation or assumption of another
program, there had been layoffs by the Employer of bargaining unit members,
then laid off bargaining unit members will be reinstated until 50% of the
bargaining unit employees acquired from such other program, who would
otherwise not be laid off, are laid off.
30
ARTICLE XIII: SALARIES [As amended by First Amendment]
A. Salaries payable to employees during the term of this Agreement shall be as
follows:
l. As of January 1, 2000 the Employer will recompute the
experience level of each employee to reflect his or her
experience during the prior year and his or her pay will be raised
according to the following scale:
Yr. of Secretary, AS/LA Database Sr. Paralegal Network
Exper. Messenger, Admin; Support
Receptionist Librarian Technician
Office
Administrator
& Paralegal
0 $18,800 $19,800 $20,950 $21,950 $25,950
1 $19,650 $20,650 $21,800 $22,800 $26,950
2 $20,500 $21,500 $22,650 $23,650 $27,950
3 $21,350 $22,350 $23,500 $24,500 $28,950
4 $22,200 $23,200 $24,350 $25.350 $29,950
5 $23,050 $24,050 $25,200 $26,200 $30,950
6 $23,900 $24,900 $26,050 $27,050 $31,950
7 $24,800 $25,800 $26,950 $27,950 $32,950
8 $25,700 $26,700 $27,850 $28,850 $33,950
9 $26,600 $27,600 $28,750 $29,750 $34,950
10 $27,500 $28,500 $29,650 $30,650 $35,950
11 $28,400 $29,400 $30,550 $31,550 $36,950
12 $29,300 $30,300 $31,450 $32,450 $37,950
13 $30,300 $31,300 $32,350 $33,350 $38,950
14 $31,300 $32,300 $33,250 $34,250 $39,950
15 $32,050 $33,050 $34,150 $35,150 $40,950
16 $32,800 $33,800 $35,050 $36,050 $41,950
17 $33,550 $34,550 $35,950 $36,950 $42,950
18 $34,300 $35,300 $36,850 $37,850 $43,950
31
Yr. of Secretary, AS/LA Database Sr. Paralegal Network
Exper. Messenger, Admin; Support
Receptionist Librarian Technician
Office
Administrator
& Paralegal
19 $34,800 $35,800 $37,850 $38,850 $44,950
20 $35,300 $36,675 $38,850 $39,850 $45,950
21 $35,800 $37,675 $39,850 $40,850 $46,950
22 $36,300 $38,675 $40,850 $41,850 $47,950
23 $36,800 $39,175 $41,850 $42,850 $48,950
24 $37,300 $39,675 $42,850 $43,850 $49,950
25 $37,800 $40,175 $43,850 $44,850 $50,950
26 $38,300 $40,675 $44,850 $45,850 $51,950
27 $38,800 $41,175 $45,850 $46,850 $52,950
28 $39,300 $41,675 $46,850 $47,850 $53,950
and thereafter.
2. Bonus
As soon as practicable after the execution of this Agreement, the employer shall pay
a bonus to each bargaining unit member who was on the GBLS payroll as of January
1, 2000, all members hired between January 1, 2000 and the date of the execution of
this contract, all members on parental leave and all members on unpaid leave if they
return to work during the year 2000. The amount of the bonus shall be $250 for full
time employees and a pro rated amount for part time employees.
3. As of January 1, 2001 the Employer will recompute the experience level of each member
to reflect his or her experience during the prior year and his or her pay will be raised retroactively
according to the following scale.
Yr. Of Secretary AS/LA Data Base Senior Computer
Exper. Messenger Admin; Paralegal Support
Receptionist Librarian; Training Specialist
Office
Administrator;
Paralegal
32
Yr. Of Secretary AS/LA Data Base Senior Computer
Exper. Messenger Admin; Paralegal Support
Receptionist Librarian; Training Specialist
Office
Administrator;
Paralegal
0 $19,680 $20,680 $22,280 $23,280 $27,280
1 $20,530 $21,530 $23,130 $24,130 $28,280
2 $21,380 $22,380 $23,980 $24,980 $29,280
3 $22,230 $23,230 $24,830 $25,830 $30,280
4 $23,080 $24,080 $25,680 $26,680 $31,280
5 $23,930 $24,930 $26,530 $27,530 $32,280
6 $24,780 $25,780 $27,380 $28,380 $33,280
7 $25,680 $26,680 $28,280 $29,280 $34,280
8 $26,580 $27,580 $29,180 $30,180 $35,280
9 $27,480 $28,480 $30,080 $31,080 $36,280
10 $28,380 $29,380 $30,980 $31,980 $37,280
11 $29,280 $30,280 $31,880 $32,880 $38,280
12 $30,180 $31,180 $32,780 $33,780 $39,280
13 $31,180 $32,180 $33,680 $34,680 $40,280
14 $32,180 $33,180 $34,580 $35,580 $41,280
15 $32,930 $33,930 $35,480 $36,480 $42,280
16 $33,680 $34,680 $36,380 $37,380 $43,280
17 $34,430 $35,430 $37,280 $38,280 $44,280
18 $35,180 $36,180 $38,180 $39,180 $45,280
19 $35,680 $36,680 $39,180 $40,180 $46,280
20 $36,180 $37,555 $40,180 $41,180 $47,280
21 $36,680 $38,555 $41,180 $42,180 $48,280
22 $37,180 $39,555 $42,180 $43,180 $49,280
23 $37,680 $40,055 $43,180 $44,180 $50,280
24 $38,180 $40,555 $44,180 $45,180 $51,280
25 $38,680 $41,055 $45,180 $46,180 $52,280
26 $39,180 $41,555 $46,180 $47,180 $53,280
27 $39,680 $42,055 $47,180 $48,180 $54,280
28 $40,180 $42,555 $48,180 $49,180 $55,280
29 $40,680 $43,055 $49,180 $50,180 $56,280
30 $41,180 $43,555 $50,180 $51,180 $57,280
31 $41,680 $44,055 $51,180 $52,180 $58,280
32 $42,180 $45,555 $52,180 $53,180 $59,280
33
and thereafter.
4. On January 1, 2002 the Employer will recompute the experience level of each member to
reflect his or her experience during the prior year and his or her pay will be raised according
to the following scale.
Secretary; AS/LA Data Base Senior Computer
Messenger; Admin; Paralegal Support
Receptionist Librarian; Training Specialist
Office
Administrator;
Paralegal
0 $20,480 $21,480 $23,580 $24,580 $28,580
1 $21,330 $22,330 $24,430 $25,430 $29,580
2 $22,180 $23,180 $25,280 $26,280 $30,580
3 $23,030 $24,030 $26,130 $27,130 $31,580
4 $23,880 $24,880 $26,980 $27,980 $32,580
5 $24,730 $25,730 $27,830 $28,830 $33,580
6 $25,580 $26,580 $28,680 $29,680 $34,580
7 $26,480 $27,480 $29,580 $30,580 $35,580
8 $27,380 $28,380 $30,480 $31,480 $36,580
9 $28,280 $29,280 $31,380 $32,380 $37,580
10 $29,180 $30,180 $32,280 $33,280 $38,580
11 $30,080 $31,080 $33,180 $34,180 $39,580
12 $30,980 $31,980 $34,080 $35,080 $40,580
13 $31,980 $32,980 $34,980 $35,980 $41,580
14 $32,980 $33,980 $35,880 $36,880 $42,580
15 $33,730 $34,730 $36,780 $37,780 $43,580
16 $34,480 $35,480 $37,680 $38,680 $44,580
17 $35,230 $36,230 $38,580 $39,580 $45,580
18 $35,980 $36,980 $39,480 $40,480 $46,580
19 $36,480 $37,480 $40,480 $41,480 $47,580
20 $36,980 $38,355 $41,480 $42,480 $48,580
21 $37,480 $39,355 $42,480 $43,480 $49,580
22 $37,980 $40,355 $43,480 $44,480 $50,580
23 $38,480 $40,855 $44,480 $45,480 $51,580
24 $38,980 $41,355 $45,480 $46,480 $52,580
25 $39,480 $41,855 $46,480 $47,480 $53,580
26 $39,980 $42,355 $47,480 $48,480 $54,580
27 $40,480 $42,855 $48,480 $49,480 $55,580
28 $40,980 $43,355 $49,480 $50,480 $56,580
34
Secretary; AS/LA Data Base Senior Computer
Messenger; Admin; Paralegal Support
Receptionist Librarian; Training Specialist
Office
Administrator;
Paralegal
29 $41,480 $43,855 $50,480 $51,480 $57,580
30 $41,980 $44,355 $51,480 $52,480 $58,580
31 $42,480 $44,855 $52,480 $53,480 $59,580
32 $42,980 $45,355 $53,480 $54,480 $60,580
And thereafter.
B. NEW EMPLOYEES
l. New employees who have prior legal employment shall receive
100% credit for each year of such employment.
2. New employees with prior job related employment which was
not legal employment shall receive 100% credit for each year of
such employment through the tenth year and 90% credit for the
next three years, 75% for the next three years and 50% credit for
years thereafter.
3. New employees who have completed a course of study to
prepare them for the job to which they have been hired shall
receive 100% credit for each year for such job related
education, except that for years in which the employee is
credited for job related employment, study credit shall be given
at the rate of 100% for study equivalent to one year at full time
and 50% for additional study equivalent to full years.
5. New employees shall be given a copy of this subsection along
with a copy of the notice attached as Exhibit D and a copy of the
employer's determination of any experience or education credits
the employee may have received.
C. Employees who change job classifications from a lower paying to a higher
paying classification shall receive the higher of the base annual salary for the
new position, or their salary in their old position plus a sum equal to the dollar
difference in the base annual salary between the two job classifications. An
35
employee who changes job classifications from a higher paying to a lower
paying job classification shall be paid at the rate for the lower job
classification, provided, however, that no such employee shall have her/his
salary reduced, said salary to remain constant until the employee receives salary
increases under Section A above equal to the dollar difference in the base
annual salary between the two job classifications.
D. Those employees who are not full time employees shall receive a pro-rated
share of the appropriate salary and increases based upon the number of hours
worked per week.
E. Any employee may elect to receive the above salary, or if less, the maximum
amount allowable under the Social Security Act without subjecting him or her
to a reduction in retirement benefits.
F. The Employer may pay employees hired as a result of a merger, consolidation,
or assumption of another program the salary as above computed or the salary
that the employee was receiving from her or his former Employer, if higher. If
the Employer chooses the latter option, the salary shall remain constant until
her or his salary as above computed equals her or his pay in the former
position. In such cases the seniority of such employees shall also be computed
as of the date of their hire by such predecessor program except as modified by
Article XII, Section M. Unless otherwise specified in this Agreement, all other
terms and conditions of employment of such employees will be covered by this
collective bargaining agreement.
G. Employees who are required to use bilingual skills as part of their job shall
receive, in addition to their salary as determined by the scale, salary of $150 per
year.
ARTICLE XIV: TRAINING AND SUPERVISION
A. Statement of Purpose
1. The Employer recognizes necessary training for all bargaining
unit members as its responsibility.
2. Bargaining unit members recognize their obligations to
participate fully and completely in opportunities offered or
provided by the Employer and to cooperate in the planning of
said training.
3. Training opportunities include, without limitation, events
sponsored by the Employer, or by or in conjunction with outside
groups or organizations, and on the job training or supervision.
B. Implementation/Governance
36
l. The Training Committee will be responsible for advising the
Employer as to the implementation of the training and
supervision section of this contract. The committee will consist
of 4 Union members and 4 members appointed by the
Employer, one of whom will be the person in GBLS responsible
for training. These numbers will be reduced pro rata to the
extent that the size of the bargaining unit is reduced, but in no
event shall it be smaller than 2 members from each group. The
committee will meet once a month, though meetings may be
changed by consent of the committee members in accordance
with need.
2. The committee will be responsible for advising the Employer in
the formulation and evaluation of training policies and plans for
bargaining unit employees in the following areas:
a. Assessment of program wide training needs of bargaining
unit members;
b. Development of training events;
c. Recommendation of assignment of bargaining unit members
to training events;
d. Evaluation of training events that are conducted;
e. Development, or overseeing the development, of training
materials, including handbooks;
f. Develop various models of training and supervision that will
address the needs of efficiency in units and neighborhood
centers and enhance the employees' options for career
development and mobility. The committee will address itself to
the following areas, without limitation:
1. Community education;
2. Administrative skills development;
3. Skills development related to case work;
4. Skills development related to intake work;
5. Skills development related to training;
6. Other issues related to career mobility
and development.
37
C. General Operation
1. The GBLS Casework, Supervision and Training Plan is
incorporated by reference, and will apply to all bargaining unit
members engaged in casework.
2. Notice of Planned Events - for all Employer, MLAC or MLRI
sponsored training events for bargaining unit members, the
Employer will make every effort to give at least 10 business
days notice thereof by posting on a bulletin board within each
office.
3. Attendance Policy - the Employer will select, or recommend the
selection, of individual bargaining unit members to
participate in training opportunities. In making these
determinations, the Employer will take into account training
needs, experience levels, numerical limits, personal career
development, office coverage needs, and funds available for
training. Time spent during normal work hours by bargaining
unit members selected by the Employer shall be considered
work time. The bargaining unit member will cooperate in
disseminating information obtained from the training to other
employees and the Employer.
D. Orientation Training
Each new employee will be provided orientation training for the purpose of a
smooth and rapid integration into the service delivery plan of the Employer.
1. Within one week of hiring, each new employee will receive
initial orientation training, to be provided by staff members in
the unit and/or neighborhood center. This orientation will
include, but not be limited to, the following:
a. A discussion of the employee's written job description;
b. An explanation and discussion of the new employee's duties
within the unit and/or neighborhood center and GBLS;
c. An explanation of the structure and operation of the unit
and/or neighborhood center;
d. A familiarization with the community which the unit and/or
neighborhood center serves and community resources;
e. An introduction to the types of cases which the unit and/or
neighborhood center handles;
38
f. An introduction to the courts in which the unit and/or
neighborhood center practices;
g. An introduction to the unit and/or neighborhood center intake
procedure and client selection process;
h. An introduction to the concept of legal ethics and a
discussion thereof; and,
i. Anything else necessary to aid the new employee in the
performance of her/his job.
2. Within three weeks of hiring, each new secretary and
receptionist shall receive training, to be provided by staff
members in the unit and/or neighborhood center, including, but
not limited to, the following areas:
a. Responding to phone or walk-in requests for assistance:
How to use the GBLS eligibility guidelines; how to make
appropriate referrals for legal assistance and/or other services
(including explanations of available referral resources);
b. Explanation of intake interview procedures;
c. Explanation of other duties that secretaries or receptionists in
the unit and/or neighborhood center perform (e.g. bookkeeping,
time sheets, ordering supplies, library maintenance, etc.); and,
d. Legal secretarial duties: laying out letters, memoranda, and
legal pleadings (including complaints, answers, motions,
interrogatories, briefs, etc.); opening/closing cases; use of
Lawyer's Diary as a resource.
3. Within three months of hiring, each new employee will receive
a more substantial initial training which will include at least the
following:
a. History, structure, and operation of the Legal Services
Corporation;
b. History, structure and operation of GBLS (including but not
limited to, the GBLS Board of Directors, administrative
personnel and their functions, a description of the specialized
units, opportunities to participate in GBLS committees,
introduction to the members and functions of the Training
Committee);
39
c. Survey of the main areas of law which are practiced within
GBLS; and,
d. Anything else necessary to aid the new employee in the
performance of her/his job.
E. Ongoing Training
The Employer shall use its best efforts, with the advice of the Training
Committee, to plan for additional continuing education of bargaining unit
members in the skills relevant to their job performances. Training will be
provided in the following areas to the extent feasible, taking into account fund
availability, unit and/or neighborhood center needs, the training needs of other
GBLS staff, and the need to provide such training to the broadest possible
group of participants in a timely fashion:
1. General
a. Production of training materials, including handbooks, for
distribution to bargaining unit members;
b. Design and delivery of training events which will be open to
all bargaining unit members, consistent with the attendance
policy, in:
1. crisis intervention techniques;
2. interviewing skills;
3. supervision skills; and,
4. training of trainers.
2. Secretarial and Receptionist Training
a. introduction to areas of substantive law which
the unit and/or neighborhood center handles;
b. referrals;
c. law library coordination and maintenance;
d. intake and screening skills;
e. crisis intervention techniques;
f. interviewing skills;
g. word processor training.
3. AS/LA Training
a. introduction to all office-wide systems;
b. word processor training;
c. introduction to areas of substantive law which
the unit and/or neighborhood center handles;
d. referrals;
40
e. law library coordination and maintenance;
f. intake and screening skills;
g. crisis intervention techniques;
h. interviewing skills;
i. supervision skills; and,
j. training of trainers.
4. Paralegal Training
a. client advocacy;
b. legal research;
c. legal reasoning;
d. selective substantive law areas;
e. introduction to all office-wide systems relevant
to the paralegal job description;
f. introduction to areas of substantive law which
the unit and/or neighborhood center handles;
g. referrals;
h. law library coordination and maintenance;
i. intake skills;
j. crisis intervention techniques;
k. interviewing skills;
l. community legal education.
5. Senior Paralegal Training
a. client advocacy;
b. legal research;
c. legal reasoning;
d. selective substantive law areas;
e. introduction to all office-wide systems relevant
to the Senior Paralegal job description;
f. introduction to areas of substantive law which
the unit and/or neighborhood center handles;
g. referrals;
h. law library coordination and maintenance;
i. intake skills;
j. crisis intervention techniques;
k. interviewing skills;
l. supervision skills;
m. training of trainers; and,
n. community legal education.
The Employer will annually budget for each unit a minimum of $125 per bargaining unit
member in each unit for job-related education or professional training.
F. Supervision
41
1. Secretaries and receptionists - Each managing attorney or
her/his designee will arrange a suitable method of regularly
meeting with secretaries and receptionists in the unit/location to
review and discuss their job performance and to provide
assistance and advice on ways to make such performance more
effective;
2. Administrative Secretaries/Legal Assistants - AS/LAs shall meet
with the managerial designee at mutually convenient times to
discuss job-related concerns and training needs;
3. Senior Paralegals and Paralegals - Each senior paralegal and
paralegal bargaining unit member will have his/her individual
client casework subject to supervision as provided in the then
existing GBLS casework supervision plan and his/her units
supervision plan. Non-casework activities, such as community
education, legislative work, or other special projects, shall be
conducted under the regular supervision of the Managing
Attorney or other appropriate GBLS staff, as designated by the
Employer who is in charge of said project or activity; and,
4. Every bargaining unit member shall have at least one evaluation
conference with her/his supervisor not later than the end of the
second month of her/his probationary period. Thereafter, each
employee shall be provided such an evaluation conference with
his/her supervisor at least once every twelve (12) months. An
evaluation conference shall include:
a. an assessment of the employee's performance as compared to
prior evaluations and to the relevant parts of the job description
which pertain to that employee's position;
b. a discussion of progress in targeted areas;
c. an identification of skills that need to be developed or
improved;
d. a plan of training to aid in the development of those skills;
e. an evaluation of working conditions, including work load;
f. a discussion of the adequacy of training and supervision,
including the supervisory relationship.
The specific activities of individuals within the same job
category may differ due to the different demands of
units/locations, in some cases the requirements of a funding
source, and assigned responsibilities including administrative
42
tasks.
The supervisor shall put the results of the conference in writing.
The supervisee may respond or comment in any other way in
writing. All of the foregoing written material shall be placed in
the employee's file. The supervisor's summary is not equivalent
to a Performance Improvement Plan but may constitute, if it so
states, a notice of deficiency pursuant to Article IX §E.
ARTICLE XV: NON-DISCRIMINATION AND AFFIRMATIVE ACTION POLICY
1. The Union and Employer shall not discriminate against any applicant or
employee because of Union activity or affiliation, political opinion, race, creed,
color, religion, national origin, sex, age, sexual orientation, military service, or
handicap (except those interfering with bona fide requirements of the job).
2. The Employer shall employ an Affirmative Action Compliance Officer,
hereinafter AACO, whose duties shall include:
a. Making an annual evaluation of all Affirmative Action and
Equal Employment Opportunity goals, guidelines, and plans
covered by this article for the preceding year, and of the efforts
made by the Employer to achieve the purposes of this Article.
The AACO shall distribute a summary of each annual
evaluation to all staff.
b. Making a quarterly statistical analysis of the work force
employed by the Employer, to determine the number and
percentages of employees of color in the work force.
c. Compiling and making accessible materials for recruitment of
personnel of color, including colleges, law schools, employment
agencies, community or ethnic organizations and the like, as
well as media throughout the nation which have significant
numbers of Third World students, clients, membership, or
audience or readership, and revising and updating the materials
as needed, but not less than annually.
d. Making appropriate recommendations, proposals, or critiques
regarding the employment practices of the Employer with
respect to Affirmative Action or Equal Employment
Opportunity.
e. Recommending amendments to the Affirmative Action Plan to
the Affirmative Action Committee for implementation as set
forth in section 8 below.
f. Acting as liaison and contact person to ethnic and racially based
43
community groups and organizations in the Greater Boston area
on behalf of the Employer in matters pertaining to Affirmative
Action, Equal Employment Opportunity, civil rights, and related
matters.
g. Compiling and making accessible materials of minority or
female owned or controlled business or enterprises from which
the Employer may order supplies or services.
h. Consult regularly with, and affirmatively seek the advice of, the
Affirmative Action Committee in matters covered by this
Article.
i. Updating and amending the Plan, using the most recent census
data to compute new minority employment percentage goals.
3. If the Affirmative Action Officer is a member of the bargaining unit, he or she shall be paid
an additional $2,500 per year for performance of those duties.
4. There shall be an Affirmative Action Committee of four members, one chosen
by the GBLSSA, one chosen by the GBLS Attorney's Union, and two chosen
by the Employer. Pursuant to Article XVII, the Committee may be expanded to
include one additional member who shall be a employee of color who is not a
member of either union.
5. The Affirmative Action Committee and the AACO shall jointly recommend to
the Employer the amount or percentage of the AACO's time which shall be
required to effectively carry out the job responsibilities specified in section 3
above. In the event that this amount or percentage is less than full-time or
100%, it is understood that the AACO with the consent of the Employer, may:
a. Accept outside employment, or;
b. Accept additional job duties from the Employer.
6. The Executive Director and the Affirmative Action Committee shall jointly
interview applicants for the position of AACO, as future vacancies occur, and
the Affirmative Action Committee shall recommend candidates to the
Executive Director after such interviews, and the Executive Director shall
employ the Affirmative Action Compliance Officer only from among a list of
persons recommended by this committee. An affirmative effort will be made
to employ a person of color for this position.
7. The Affirmative Action Plan shall include steps to recruit, retain, and promote
people of color, women and other disadvantaged individuals for employment in
all positions at all levels within the various Employer units. The plan shall
include a thorough review of all past and present GBLS policies, regulations
and practices and shall include recommendations for the improvement, change
44
or deletion of any such policies, regulations or practices which further the
purposes of this Article.
8. Proposed amendments to the Affirmative Action Plan may be presented by any
interested employee of GBLS to the AACO in writing. The AACO shall
present any proposed amendment, whether from the AACO or any other
employee, in writing to the Affirmative Action Committee, together with the
AACO's recommendation or commentary regarding the proposed change. The
Committee shall then decide whether to recommend amendment of the Plan by
a majority vote, each member including the AACO having a single vote. In the
event that the Committee votes to amend the Plan, the AACO shall prepare a
revised text of the Plan, or the pertinent sections thereof, and make available
copies of the proposed revision to all employees, and deliver copies to the
Employer and the Union. The proposed amendment shall then be placed on the
agenda for the next meeting of the Labor Management Committee pursuant to
Article XVII, provided that at least the minimum advance notice requirements
applicable to Committee meetings be met regarding the proposed change in the
Plan. The proposed amendment shall be placed on the agenda for the following
Committee meeting in the event that said minimum advance notice of the
Committee agenda is not met. The procedures of Article XVII shall then be
followed to determine the result.
9. The Affirmative Action Compliance Officer shall be responsible to the
Executive Director for the successful implementation and monitoring of the
Plan and for completing and filing all reports or documents relating to
affirmative action, equal employment opportunity or civil rights required to be
filed by state or federal agencies. Copies of all such reports or documents shall
be:
a. Collected in one place and open for examination and copying by
employees;
b. Simultaneously sent to the Union and to each member of the
Affirmative Action Committee.
10. The Employer shall not discriminate against minority or female owned or
operated enterprises which seek to provide it with supplies or services. The
Employer shall affirmatively seek to include minority and female owned or
operated enterprises among those enterprises which provide it with supplies or
services.
11. The provisions of this Article which shall be subject to the grievance procedure
are the following:
a. failure of the Employer to maintain in effect an Affirmative
Action Plan;
b. failure of the Employer to comply with the requirements of
45
sections 2, 3(a), 3(b) and 3(h) above;
c. failure of the Employer to comply with the procedural
requirements imposed on it by section 6 above pertaining to the
interviewing and selection of candidates for the position of
AACO;
d. failure of the Employer to comply with the procedural
requirements imposed on it by section 8 above pertaining to the
procedure by which proposed amendments to the Affirmative
Action Plan shall be handled;
e. failure of the Employer to make copies of all reports and
documents referred to in section 9 above available for inspection
and copying by employees, or to send such copies to the Union
and its member on the Affirmative Action Committee.
ARTICLE XVI: GRIEVANCE PROCEDURE
A grievance under this agreement shall mean any controversy or claim arising out of or
relating to the interpretation, meaning, application, or alleged violation of a provision of this
agreement. Grievances shall be disposed of as follows:
A. Informal Resolution
The parties recognize that many problems will be discussed and resolved
between the employee, the Union Representative, and the aggrieved employee's
Managerial Designee. Such informal settlements are encouraged. If a problem
is not resolved in this informal manner, the procedure outlined in §B of this
article will be followed.
B. Grievance Procedure
Step l:
The aggrieved employee, with or without a Union Representative(s), shall
present the grievance, in writing to the Managerial Designee of the Unit. In the
case of an organization-wide policy or a decision made at a level other than
Managerial Designee's, the grievance shall be presented in writing to an
Associate Director. All grievances shall be presented within fifteen (15)
business days of the occurrence of alleged contract violation, or of the date
when the aggrieved employee knew or should have known of the alleged
contract violation. The Managerial Designee shall provide the Grievance
46
Coordinator with a copy of the grievance prior to the meeting with the
employee. The Managerial Designee/Associate Director shall meet with the
employee and shall respond in writing to the employee within ten (10) business
days of submission of the grievance.
Step 2:
If the grievance is not resolved at Step l, the grievance, in writing, shall be filed
by the employee, with or without a Union Representative(s), with the
Executive Director within five (5) business days of receipt of the prior (Step l)
decision. The Executive Director shall provide the Grievance Coordinator with
a copy of the grievance prior to
meeting with the employee. The Executive Director and/or his designee shall
meet to discuss the grievance within five (5) business days after presentation of
the grievance. The Executive Director shall respond within ten (10) business
days following the conclusion of the meeting.
Step 3:
If the grievant is not satisfied with the Executive Director's written response,
the Union may, within twenty (20) business days of the receipt of such
response of denial submit the grievance either to arbitration or to the Board of
Directors in accord with the procedure set forth below. It is agreed that the
election by the Union of one of the procedures set forth in §§C and D below
shall constitute the sole and exclusive method of determination and decision
and adjustment or settlement between the parties of any and all grievances and
the parties agree that pending the raising, processing and resolution of a
grievance and during the term of this Agreement, they will abide by all
provisions of Article VII of this Agreement.
C. Arbitration
If arbitration is elected, the Union and the Employer shall attempt to agree on
an arbitrator or arbitration panel which may include the State Board of
Conciliation and Arbitration. If no agreement can be reached within ten
business days, then the Union may file the grievance with the American
Arbitration Association or the State Board of Conciliation and Arbitration,
except that, during the term of the contract, the Union shall not file any
grievance with the State Board unless, at the time of such filing, it has already
filed an equal or greater number of grievances with the American Arbitration
Association. Whenever any grievance is filed with the State Board, the
Employer may remove such grievance to the American Arbitration
Association. A grievance so removed to the American Arbitration Association
shall count as a grievance filed by the Union at the State Board. In the case of
such a removal the Employer shall pay the full cost of arbitration, excluding
attorney fees and any cost which would have been paid by the Union had the
removal not occurred. In all other cases the cost of
arbitration, excluding attorney fees and the cost of a transcript ordered by a
47
single party, shall be borne equally by the Union and the Employer. The cost
of a transcript ordered by one party and attorney's fees shall not be shared.
D. GBLS Board of Directors
If under Step 3 above, the Union chooses to submit the grievance to the GBLS
Board of Directors, the Executive Committee of the Board of Directors shall
meet with the grievant and the Union Representative(s), review the action of
the Executive Director, and render a written decision within 20 business days
of the meeting with the grievant. The Executive Committee may delegate its
authority under this Section to a subcommittee which shall be composed of no
fewer than 3 committee members, one of whom shall be a client or
client-eligible individual. If the grievant is not satisfied with the Executive
Committee's written response, the Union may, within five business days of the
receipt of said response, request that the full Board of Directors review the
grievance in open meeting assembled. The full Board may grant or refuse such
review at its discretion.
E. Except as set forth in §F below, the decision of the arbitrator or the Executive
Committee (or, where applicable, the Board of Directors) shall be final and
binding upon the parties and the grievant.
F. Governing Principles
The function of the arbitrator is to determine the interpretation and application
of specific provisions of this Agreement. There shall be no right of arbitration
to obtain, and no arbitrator shall have any authority or power to award or
determine any change in, modification or alteration of, addition to, or
detraction from, any of the provisions of this Agreement.
If either party contends that the arbitrator has violated the foregoing provisions
and governing principles, it may move or commence an action, as the case may
be, to vacate the award in any court of competent jurisdiction which shall
resolve that question, and only that question, according to the words used in
this Agreement given their customary meaning in general usage.
G. Miscellaneous
1. Grievance meetings at all steps may be attended by the grievant
and by a Union representative or representatives as stated in
Article I, §D3. A copy of the reply to the grievance by the
Employer at each step shall be delivered to the employee and to
the Union representative, if any. In the absence of a Union
representative, a copy shall be delivered to the Grievance
Coordinator. For purposes of this Article, the term "Union
Representative" shall mean those persons in the bargaining unit
designated by the Union to process grievances. At Steps l, 2, or
3 of the grievance procedure the Union reserves the right to
48
have outside assistance if it so desires.
2. A grievance not initiated within the time specified shall be
deemed waived. Failure of the moving party to appeal a
decision within the time limit specified will mean that the
grievance shall be considered settled on the basis of the decision
last made and shall not be eligible for further appeal. Failure of
a party to answer an appeal may be taken to the next step
immediately. Any of the specified time limits may be extended
by mutual agreement.
3. All arbitration hearings shall be open to Employees.
4. Whenever a grievance or response is filed or delivered by mail,
the date of mailing shall be considered to be the date of filing
and the date of receipt shall begin the applicable time for
response. (The date of receipt shall be assumed to be three [3]
business days from the date of mailing.)
49
ARTICLE XVII: LABOR-MANAGEMENT COMMITTEE
1. General
The Employer and the Union, having recognized that cooperation between
management and employees is indispensable to the accomplishment of sound
and harmonious labor relations, do hereby establish a Labor-Management
Committee.
2. Composition and Meetings
The Labor-Management Committee shall consist of two members appointed by
the Greater Boston Legal Services Attorneys Union (GBLSAU), two members
appointed by the Greater Boston Legal Services Staff Association (GBLSSA),
and up to four members appointed by the Employer from managerial and/or
administrative staff. The committee shall meet once each month unless the
parties agree to some other schedule, with the time and place of meetings to be
agreed upon by the Executive Director and the designated representatives of the
two Unions. Each meeting shall be no longer than two hours in length, and
union representatives shall be given release time for such Committee meetings
or such duly authorized subcommittees of the Labor-Management Committee
as may, from time to time, be established. The Labor-Management Committee
shall publish and distribute throughout the program, at least one week in
advance of its meetings, a notice with the date, time, place and agenda items
proposed for such meeting. Upon prior notice, the members of the Labor-
Management Committee may invite additional staff members to attend and
have the opportunity to be heard for good cause shown; approval for such
attendance shall not be unreasonably withheld by the parties.
3. Issues to be Discussed
The Labor-Management Committee shall discuss issues of program-wide
significance to facilitate the decision-making of the Executive Director,
including problems arising in the administration of this Contract and the
Attorney's Union collective bargaining agreement, as well as the issues
included in the following list:
a. The creation, consolidation, closing or relocation of an office or
unit;
b. The expansion or contraction of the catchment areas or
specialized areas of law served by the program;
c. The creation of attorney, staff, or administrative positions of
program-wide responsibility;
d. The distribution of attorneys fees won in project cases;
50
e. Lay-offs or other forced reductions in staffing;
f. Economic transfers;
g. Changes in the Affirmative Action Plan;
h. Program budgeting (including major capital expenditures);
i. Staffing, budgeting, maintenance and acquisition policies for
program libraries, and adequacy of access to library and copying
facilities outside of regular working hours;
j. Child care options for employees;
k. Significant changes in program-wide staffing patterns;
l. The number and placement of senior attorneys in the program;
m. Program-wide training policies and practices;
n. Problems of overspecialization and the need to understand the
interrelationship between the various areas of substantive law
handled by the program;
o. Changes in the GBLS Practice Manual or similar casehandling
policies;
p. Proposed changes in program policy or procedures necessitated
by changes in the LSC Act, the MLAC Act, and/or any related
rules and regulations promulgated pursuant thereto;
q. The transfer of a staff member, or the hiring or transfer of a
senior attorney or managing attorney, over the objections of the
majority of the staff of an affected unit pursuant to Article
XVIII;
r. Other action taken by a Managing Attorney over the objections
taken by the majority of the staff of an affected unit;
s. Proposed substantial changes in past practices of program-wide
significance.
Any of the parties may ask that an issue of program-wide significance be
placed on the agenda for discussion. The Employer shall submit proposed
changes in the pre-existing policies, practices, or structure of the program
which are of program-wide significance to the Labor-Management Committee
for discussion prior to implementing such changes.
51
4. Executive Director Decision-Making
The Labor-Management Committee may vote on recommendations for the
resolution of the issues submitted to it for discussion. In the event that the
Executive Director makes a decision which is not in accord with the view of
one half or more of the Committee members present, then the Executive
Director shall, within 10 days of making the decision, provide a brief written
statement of his/her reasons to the staff.
5. Quarterly Income and Expenditures
Consistent with its present practice, the Employer shall provide the members of
the Labor-Management Committee with a summary of current program income
and expenditures on a quarterly basis. The Employer shall also make quarterly
reports to the Committee on GBLS' fundraising efforts.
6. Individual Grievances
Except by consent of the affected Union(s), pending individual grievances shall
not be appropriate items for consideration by the Labor-Management
Committee.
7. Staff Meetings
The parties agree that regular program-wide staff meetings are an important
way to foster communication and creativity in the program. Such staff
meetings shall occur on at least a semi-annual basis, and more frequently as the
Employer may choose. The Employer is free to use such meetings to
communicate information of a program-wide nature to all staff and/or solicit
staff opinion on topics of a program-wide nature; however, such staff meetings
shall not be a substitute for the deliberations of the Labor-Management
Committee.
8. Scope of the Article
The provisions of this Article will in no way be construed as broadening the
scope of other Sections of this Agreement or broadening the application of this
Agreement as a whole, nor will these provisions make any matter a grievance
that would not be a grievance in the absence of these provisions, nor shall any
provision of this article except those specified in §9 be subject to the grievance
procedure, nor make any matter a mandatory subject of discussion at any time
other than at the consultations described in this Section that would not be a
mandatory subject of discussion in the absence of the provisions of this Article.
9. Grievability
The only matters which shall be grievable under this Article are the procedural
steps listed below. No grievance taken based on the matters listed below shall
52
stay or adversely affect any decision made by the Executive Director. The sole
remedy for a grievance under this provision shall be a finding that the
Employer failed to follow the proper procedure and an order that the Employer
follow the proper procedure in the future:
a. Refusal to meet with the Union representatives of the Labor-
Management Committee at a time convenient for all parties on a
monthly basis;
b. Failure to submit Employer-initiated changes in policy,
structure, or procedures of program-wide significance to the
Labor-Management Committee prior to their implementation by
the Employer;
c. Failure to discuss issues presented on the agenda for the Labor-
Management Committee, pursuant to whatever procedural rules
are adopted by the Committee;
d. Failure to hold program-wide staff meetings on at least a semi-
annual basis;
e. The utilization of staff meetings as a substitute for the
deliberations of the Labor-Management Committee;
f. Failure of the Executive Director to provide a brief written
statement of her/his reasons for making a decision not in accord
with the Labor-Management Committee, as described in
§XVII(4);
g. Failure to grant Union representatives release time for the time
spent in Labor-Management Committee meetings or in any duly
authorized subcommittees or ad hoc groups of the Labor-
Management Committee; or
h. Unreasonably withholding approval for attendance of staff
members invited by the Unions for good cause shown in the
circumstances described in §XVII(2).
ARTICLE XVIII: UNIT/NEIGHBORHOOD CENTER PROCEDURES
The parties agree that there will be no substantial change from the general program-wide past
practices under Article XVIII.
A. On an annual basis the Managing Attorney of each unit shall schedule a special
staff meeting for the entire staff to reflect upon and produce a written appraisal
53
of the needs of the unit and the goals and objectives for meeting the needs in
the future. Such matters as the following shall be considered:
1. Comparison of unit practices to current program policies
concerning intake, emergency services, supervision, training,
co-counseling, affirmative action, community education, and
existing local and program-wide priorities;
2. Administrative and support policies, practices, and procedures
and their effect upon the unit.
Based on this appraisal the unit shall, and any staff member who desires may,
formulate recommendations for unit and for program-wide policy changes to be
discussed under Section B below and Article XVII.
B. Each unit and neighborhood center shall hold regular staff meetings to discuss
substantial issues of unit or center operations. These issues shall include unit
intake and referral policies, supervision and training activities, resource
allocations within the unit, unit staffing (e.g. hiring or transfers1), unit or
location work schedules or any other matter that substantially affects the
operation of the unit or center. These staff meetings will be convened by the
Managing Attorney in order to facilitate her/his decision-making or, in the case
of the neighborhood centers, by a managerial designee in order to facilitate the
Employer's decision making. In gathering ideas and making decisions the
Managing Attorney, or in the case of the neighborhood centers, the Employer,
shall also consider the seniority and experience of each bargaining unit
member. The Managing Attorney or managerial designee will also prepare and
distribute in advance, as soon as practicable, the agenda. Additions to this
agenda can be made prior to or at the staff meeting by the Managing Attorney,
managerial designee or by a staff member. Nothing herein will prevent any
employee from adding to the agenda a discussion of an alleged past practice of
local office significance. The process under this Article will then be followed
to determine what the future practice will be. The Managing Attorney or
managerial designee will, to the extent feasible, convene such meetings on a
monthly frequency, but no less than eleven per year, on a regularly scheduled
day so as to facilitate attendance. More frequent meetings may be scheduled as
necessary.
C. Where practicable, the Employer will discuss with the directly affected
employees, pursuant to this Article, proposed substantial issues of unit or
1
As an aid to the discussion, the Employer will where practicable, schedule a
time at which any staff member may meet with proposed candidates and/or
transferees.
54
neighborhood center operations or past practices prior to implementation.
D. On any substantial matter discussed under Section B of this Article, if the
Managing Attorney or, in the case of the neighborhood centers, the Employer,
shall make a decision which is not in accord with the position of the majority of
the regular salaried permanent staff present at the meeting when the matter was
discussed, then the Managing Attorney or Employer shall, if requested in
writing by any such staff member, provide a brief written statement of his/her
reason for the decision. The Executive Director or her/his delegate shall
review such reasons whenever such review is requested by the staff or any
individual staff member of the particular unit or neighborhood center involved.
If a majority of the staff continue to disagree after such review, the matter can
be submitted to the Labor-Management Committee pursuant to Article XVII if
it is of project-wide significance.
E. The decision of a Managing Attorney or the Employer concerning the hiring or
transfer of a staff member shall be stayed pending review by the Executive
Director when such review is sought under Section D.
F. Whenever a majority of the salaried permanent staff, meeting and voting
pursuant to Section B and D, objects to the selection of a particular Managing
Attorney or managerial designee, the Executive Director shall, prior to making
a final selection, consult with the staff and, when requested to do so in writing,
provide a brief written statement of her/his reasons for the selection.
G. The provisions of this Article will in no way be construed as broadening the
scope of other Sections of this Agreement or broadening the application of this
Agreement as a whole, nor will these provisions make any matter a grievance
that would not be a grievance in the absence of these provisions, nor shall any
provision of this Article, except those specified in Section H, be subject to the
grievance procedure nor make any matter a mandatory subject of discussion at
any time other than at the consultations described in this Section that would not
be a mandatory subject of discussion in the absence of the provisions of this
Section.
H. The only matters which shall be grievable under this Article are the procedural
steps listed below. No grievance taken based on the matters listed below shall
stay or adversely affect any decision made by the Employer. The sole remedy
for a sustained grievance under this provision shall be a finding that the
Employer failed to follow the procedural steps listed below:
1) failure to schedule, hold the annual meeting for the entire staff,
and produce the written appraisal required by Section A;
55
2) failure to hold regular staff meetings, to circulate the agenda as
soon as practicable, to permit additions to the agenda and to
discuss the issues listed in the second sentence of Section B on
the agenda, as required by Section B;
3) preventing any employee from adding to the agenda a discussion
of an alleged past practice of unit significance and, in
connection therewith, the failure to follow the process under this
article to determine what the future practice will be;
4) failure of Employer to comply with Section C;
5) the failure of the Managing Attorney or the Employer to render
a brief written statement in the circumstances described in
Section D;
6) the failure of the Executive Director to make the review
required by Section D or to consult with the staff or provide a
brief written statement under the circumstances described in
Section F; or
7) the failure of a unit manager to follow the general program-wide
past practices in implementing this article.
56
ARTICLE XIX: STAFFING PATTERNS
The Employer shall provide the following minimum support services:
A. Secretarial Staffing Pattern
The employer intends to maintain a minimum ratio of secretarial support staff (including
secretaries, administrative secretaries/legal assistants and office managers) to case handlers
to approximately that planned for March 1, 1995 after final transfers necessitated by the
1994 layoffs. Substantial changes in the ratio of secretarial-support staff to casehandlers
from that planned for March 1, 1995, will be subject to discussion pursuant to Article XVII
sections 1-9, the Labor-Management Committee.
B. Paralegal Staffing Pattern
Paralegal resources on a program-wide average in the ratio of 1/4 time of one
paralegal per attorney.
C. AS/LA Staffing Pattern
1. Each unit with four or more attorneys will be entitled to at least
one AS/LA at the unit's request. The Employer, in its
discretion, may also place AS/LAs in units of less than 4
attorneys. An AS/LA will count as one secretary in fulfillment
of the secretarial allotment under §A above.
2. In each neighborhood center, where there is only one secretarial
allotment, that allotment will be designated as an AS/LA
position.
57
ARTICLE XX: WORKING CONDITIONS
A. It is the Employer's intention to provide an adequate work space, including
adequate lighting, for each employee.
B. The Employer will use its best efforts to ensure that the heat in each employee's
work space is maintained within the range of 65o - 85o. In the event the heat in
any work space falls below 62o continually for two work hours, an employee
so affected, upon her/his request, shall be allowed to continue her/his work
from another work space in the office or in another location of the Employer.
C. The employer will provide adequate air quality and ventilation to all employees
throughout all offices. In the event that the failure to comply with this section
causes or aggravates a medically identified illness or condition or causes a
health hazard determined by an appropriate authority, upon his or her request,
the employee shall be allowed to continue his or her work from another work
space in the office or in another location of the employers. Continuation of
work in other office or location shall be the exclusive remedy for violation of
this section under this contract and then only if the conditions set out in the
previous sentence are met. Nothing in this section shall be interpreted to limit
an employee's right to file a claim for workman's compensation or for disability
insurance resulting from air quality or ventilation conditions.
D. The Employer will use its best efforts to ensure that hot and cold running water
are available to employees in each office.
E. The Employer will provide a refrigerator and a water cooler or drinking
fountain in each office.
F. The Employer will use its best efforts to ensure the availability of clean and
sanitary bathroom facilities for every office.
G. The following will be provided by the Employer:
1. In the event any paralegal does not have her/his own private
office, the use of a private office shall be made available
temporarily to the paralegal when it is necessary to perform an
interview.
2. Private office space shall be made available temporarily to any
secretary when it is necessary for performing intake interviews.
H. The following will be among the priorities when changes in office layout are
being planned:
58
1. Private office space for each paralegal handling cases, or at least
construction of floor to ceiling partitions for those employees;
and
2. In offices where secretaries perform intake interviews a private
office will be available for those interviews.
I. Every secretary will be provided with a self-correcting typewriter or a
technological equivalent.
J. Computer Monitor Terminal (CMT) Health and Safety Standards:
The following health and safety standards only apply to work assigned by the
Employer to any member of the bargaining unit:
1. Limitation On Number Of Hours On Machine In Each Day:
Every attempt will be made to limit each employee's work time
to four hours per day (not including break time) on the CMT. It
is recognized that on occasion workloads will necessitate that an
employee will be required to work more than 4 hours at the
CMT in a given day.
2. Breaks:
Every employee operating a CMT should take a 15 minute break
away from the machine after every hour of work on the
machine, or a 30 minute break after every two hours of work on
the machine. During this break, other duties within the job
description will be performed.
3. Physical Set-Up For The CMT:
When GBLS acquires new CMT word processing equipment,
efforts will be made to acquire CMT word processing machines
which have:
a. detachable screens, adjustable for angle, distance and height
by the individual operator;
b. "High Resolution" screens with 3/16" letter size;
c. Screens on which the operator can adjust brightness and
contrast.
59
d. The furniture and computer set-up should be appropriately
designed ergonomically so as to minimize potential injury from
computer use.
When arranging the placement of the CMT in the office, efforts
will be made to:
a. reduce glare, taking into consideration paint color and
window coverings;
b. provide adequate ventilation;
c. provide chairs adjustable for height.
There will be regular maintenance and annual testing, if
available, of the CMT's being used at GBLS. If such tests show
that there are any radiation emissions in excess of generally
accepted industry standards, the Employer will correct the
situation and no employee shall be required to work on such
defective machines until such corrections have been made.
4. Eye Care:
The Employer will pay for eye examinations for any permanent
employee who is otherwise eligible for GBLS group insurance
benefits and who regularly works on the CMT at least 16 hours
each week. The employee should arrange for the first eye
examination within one month after assignment to the
equipment, as defined above, and the first of these eye
examinations should occur within a month of the original
3/22/82 adoption of these standards for those employees then
working on the CMT, as defined above. After the employee's
initial eye examination, the Employer will pay for eye
examinations arranged by the employee after each subsequent
12-month period as long as the employee continues to regularly
work on the CMT for at least 16 hours each week. If the
employee experiences visual problems relating to work at the
CMT between annual eye examinations, he/she may, with prior
notice to the Employer, arrange for an eye examination to be
done at that time. The responsibility of the Employer under this
section is limited to payment for the eye examination in the
manner described below.
If the employee is insured under the Harvard Community Health
60
Plan, the eye examination will be as provided by Harvard
Community Health Plan.
If it is diagnosed at the first eye examination that the employee
requires prescription eye glasses, the employee will purchase the
eye glasses and lenses at his/her own expense. If at the
subsequent eye examinations, as defined above, it is diagnosed
that the employee requires a change in lens prescription, the
Employer will pay for the new lenses, as defined below, unless
the eye examination report indicates that the need for
prescription lenses is due to causes other than GBLS related
CMT usage. The Employer will not pay for the replacement of
lenses which are lost, broken or stolen. The employee will
provide the Employer with all eye examination reports upon the
request of the Employer.
If, as defined above, the employee requires a change in lens
prescription, the Employer will reimburse the employee up to
the following maximum amounts:
Single vision prescription $29.00 per pair
Bi-focal vision prescription $66.00 per pair
Tri-focal vision prescription $75.00 per pair
Lenticular $95.00 per pair
To obtain such reimbursement, the employee must provide the
Employer with the receipted invoice of the lens provider and a
copy of the optometrist's prescription report.
61
ARTICLE XXI: JOB DESCRIPTIONS
A. RECEPTIONIST JOB DESCRIPTION
The receptionist will be responsible for performing the following tasks:
1. Answering incoming telephone calls and notifying staff members when they
receive a call.
2. Taking messages and leaving them in the appropriate place for staff members.
3. Greeting each prospective client or visitor who enters the unit and/or
neighborhood center, and determining the nature of the visitor's business with
the unit and/or neighborhood center. Notifying staff member when they
receive a visitor.
4. Determining initial financial eligibility for prospective clients who have legal
problems which fall within the unit's intake policy and, when asked to do so by
the Managing Attorney, determining initial eligibility based upon the unit's
intake policy.
5. Making certain referrals, as determined by the Managing Attorney, of those
prospective clients who cannot be served by the unit. In the case of more
complex referrals, as determined by the Managing Attorney, ensuring that a
referral is made by a secretary, paralegal or lawyer, as is appropriate in the
circumstances.
6. Scheduling appointments and meetings.
7. Sorting, date stamping and distributing incoming mail and other material.
8. Stamping and posting outgoing mail.
9. Occasional filing.
10. Limited intra-unit maintenance responsibilities.
11. Performing other duties as are reasonably related to the function of a receptionist as described
in this job description as assigned by the Managing Attorney or his or her designee.
The following duties may be assigned on occasion when the receptionist is not needed to
perform the above functions:
12. Gathering information by phone for attorneys and paralegals.
62
13. Assisting with overload typing.
14. Opening and closing cases and assembling unit forms and statistics and filing and transmitting
said forms and statistics to others as appropriate.
15. Copying and collating.
16. Assisting with on-the-job training for new staff.
B. OFFICE ASSISTANT
1. Mail
a. Daily Incoming Mail - sorting, date stamping, mail on daily
basis.
b. Outgoing Mail - posting and taking out the mail.
c. Requesting postage when stamp supply is low from AS/LA.
2. Copy Work
a. All staff large copy work projects, with proper notice.
b. All staff memos, copying and distribution.
c. Delivery and pick-up of outside copy print work when
necessary. (P.O.'s required)
3. Copier Maintenance
a. Supplying copier with paper and chemicals on daily or as
needed basis.
b. Special maintenance functions for copiers, such as, periodic
cleaning of glass, etc.
c. Daily shutting off copier at end of day.
d. Checking out of copier problems before service call is made.
e. Meter readings of copier at end of every month, to be submitted
to AS/LA.
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f. Request paper order from AS/LA when supply is low.
4. Messenger Request
a. Special Delivery Request - approved by Managing Attorney or
AS/LA.
5. Supplies
a. Distributing weekly supply requests made by AS/LA for staff.
b. Assist in stocking and maintenance of central supply closet.
c. Water Coolers: Switching empty bottles with full bottles on as
needed basis.
d. Requesting that supplies be ordered for water coolers when they
are low from AS/LA.
6. Building Maintenance
a. Requesting service for building such as: air conditioning,
electric, trash, through office AS/LA, or Office Manager in
Administration, depending on situation, when aware of
problems.
7. Telephones & Intake
a. Provide coverage for office secretaries as required for
telephones and initial intakes.
8. Special Projects
a. Hanging up of bulletin boards and pictures for staff. This task
will be ongoing for a few months and also when new staff come
on board.
b. All special work requests will be written and approved through
Managing Attorney or AS/LA. These special work requests will
encompass all move related projects,
arranging of conference rooms, assistance in board mailings and
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general handy person items.
9. Supervision
a. The Managing Attorney or AS/LA will be supervisor on an
ongoing basis.
10. Office Security
a. Open office at 9:00 a.m. every morning.
b. Check operation of alarm systems on weekly basis. Arrange for
maintenance of system in the event of a problem.
c. Change alarm system code when necessary and communicate
new code to staff.
d. Provide security assistance to staff on as needed basis.
e. Provide necessary assistance to alarm system company during
non-office hours.
C. STAFF SECRETARY JOB DESCRIPTION
The staff secretary will be responsible for performing the following tasks:
1. In units/offices without a receptionist, a secretary will be responsible for tasks
l-8, 10, and 14 in the receptionist job description.
In units where there is a receptionist, the responsibilities will be divided
according to mutual consent between the secretaries and receptionist, where
possible. The Managing Attorney shall make final decisions as to the division
of responsibilities.
2. Opening files, closing files, keeping up general office filing, maintaining all
office filing systems.
3. Typing accurately at 55-60 wpm on word processing equipment if available in
that office, or on typewriters; proofreading and correcting all typed copy.
4. Duties relating to computerized data systems.
5. Transcribing properly taped material from a dictaphone or dictation (taken at
100 wpm), accurately and efficiently. Transcribing records of judicial or
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administrative proceedings, when asked to do so. Any dispute over improperly
taped material shall be resolved by the Managing Attorney in consultation with
the senior secretary not involved in the dispute, prior to the transcription of said
material. Secretaries shall not be required to transcribe material dictated by law
students. Each secretary may have her/his own set of earphones.
6. Scheduling appointments when asked to do so.
7. Translating, if language skills permit. Employees who use a second language
regularly in the course of their work will have their other responsibilities
adjusted accordingly.
8. Duties outside unit: a secretary will transact routine unit business, such as
banking, purchasing supplies and post office business. Occasionally, and only
if needed, a secretary will deliver or pick up documents or other material,
engage in fact gathering, and assist at depositions. Any such assignment will
be made with due regard for the personal safety of the employee.
9. Gathering information by phone for attorneys and paralegals, and photocopying and
collating.
10. A secretary may be assigned the following administrative tasks by the Managing Attorney or
her/his designee (who may be the Administrative Secretary): ordering supplies, acting as
librarian, maintaining records or checking accounts and other financial records, maintaining
petty cash, keeping accurate statistics, acting as unit or neighborhood center timekeeper and
other administrative tasks as they arise.
11. Laying out properly and typing letters, briefs, motions, memoranda, draft documents and other
documents.
12. Composing and completing letters, forms, memos, and routine legal documents with
proficiency in spelling, punctuation and grammar when asked to do so.
13. Assisting with on-the-job training for new staff.
14. Performing other duties as are reasonably related to the function of a secretary as described in
this job description as assigned by the Managing Attorney or his or her designee.
D. ADMINISTRATIVE SECRETARY/LEGAL ASSISTANT JOB DESCRIPTION
The Administrative Secretary/Legal Assistant shall be a person who has demonstrated skills
which shall include the ability to (l) perform secretarial tasks as defined in the Staff Secretary
Job Description; (2) train and supervise clerical staff, (3) develop, implement, and coordinate
unit/office procedures; (4) coordinate the assignment of administrative and clerical tasks; and
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(5) perform a variety of legal assistant functions related to client representation and
community education. The Administrative Secretary/Legal Assistant shall be primarily
responsible for the following functions:
1. Administrative Functions:
a. The Administrative Secretary/Legal Assistant will assist the
Managing Attorney or the managerial designee in the
development, implementation and coordination of project-wide
systems including but not limited to:
l. Bookkeeping and financial reporting;
2. Case and administrative file maintenance;
3. Intake and referral;
4. Library;
5. Office maintenance;
6. Implementation within the unit/office of
project-wide overload and coverage systems and
assignments, as specified by the Employer;
7. Scheduling unit/office meetings;
8. Maintaining time records;
9. Overseeing unit/office schedule;
10. Identifying and reporting problems to the appropriate
administrative staff;
11. Working on special projects related to specific needs of the
unit/neighborhood center as determined by the managerial
designee.
12. Administration of computerized data systems.
The administrative tasks to be performed relating to the above
systems shall be determined from time to time by the Managing
Attorney or managerial designee in consultation with the
Administrative Secretary/Legal Assistant.
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b. Training and supervision of secretarial and receptionist staff:
this shall include direct involvement in:
l. the provision of training described in Article
XIV, §§D1 and 2, §§E2 and 3;
2. the identification of training needs based on
individuals job performance and professional
interests.
c. Attending program-wide meetings or meetings of subject matter
committees or groups when assigned to or consented to by the
Managing Attorney or managerial designee.
d. The Administrative Secretary/Legal Assistant shall have no
disciplinary role or function. The responsibility for disciplining
staff and the ultimate responsibility for supervision of
secretarial and receptionist staff rests with the Managing
Attorney or managerial designee.
2. Legal Assistant Functions
Assisting attorneys and paralegals in some or all of the following tasks: client
representation, including, for example, intake interviews and follow-up, legal
writing and research, strategy planning, attending and assisting at hearings and
assistance with caseload management, community outreach, and training.
3. Neighborhood Center AS/LAs: In addition to the above responsibilities,
AS/LAs in the neighborhood centers will serve as the main administrative
liaison between neighborhood centers and the Administrative Unit at Essex
Street.
4. In general, the Administrative Secretary shall perform:
a. Secretarial duties as needed in the unit or neighborhood center,
to be determined by the Managing Attorney or managerial
designee.
b. Such other duties as are reasonably related to the duties set forth
in this job description, as may be assigned from time to time by
the Managing Attorney or the managerial designee.
E. PARALEGAL JOB DESCRIPTION
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Paralegals can be expected to handle all functions related to client service and casework,
including, but not limited to, initial screening and intake, advice and referrals, representation
of clients at administrative hearings, community outreach and education, and assistance to
attorneys on their cases. The employer may assign paralegals to perform some or all of these
functions. Paralegals will work under the supervision of an attorney and abide by his/her
supervising attorney's determination of the extent of the authority conferred upon the paralegal
in the handling of cases or client service functions. A more particular description of possible
paralegal functions includes:
1. Direct Client Representation
In general, the paralegal is responsible for a regular screening and intake
schedule. The paralegal may also be responsible for solving the problems of
clients accepted in intake. In so doing, the paralegal will be under the general
supervision of her/his supervising attorney and be subject to all applicable
provisions of the GBLS casework supervision and training plan.
Responsibilities include: initial fact gathering, preliminary factual and legal
research, devising the preliminary strategy for going forward, implementation
of the strategy, reviewing and revising the strategy, and resolving the client's
problem in timely manner. The Manager may assign any case to a paralegal
within the unit substantive priorities. Paralegals assigned to neighborhood
centers will generally serve clients from the geographic areas served by the
respective neighborhood centers, but their Manager may assign them cases
from other geographic areas, provided, however, that such assignment does not
make the acceptance of cases from within their own geographic areas
impossible.
Other casework duties, without limitation, include the following:
a. Consultation with supervising attorney as to proper course of
action.
b. The paralegal's duty to his/her clients, in such matters as
preserving the confidence of clients, avoiding conflicts of
interests, competent vigorous pursuit of clients' interests,
accounting for clients' moneys and other responsibilities are the
same in dimension and importance as the ethical standards of
conduct required of attorneys.
c. The paralegal should provide high quality representation to the
client which shall include, but not be limited to, efficient
performance of the following tasks: interviewing, initial fact
gathering, factual and legal research, devising the preliminary
strategy for going forward, implementation of the strategy,
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reviewing
and revising the strategy, preparing a case for hearing, drafting
legal papers, negotiating, presenting evidence, interrogating
witnesses, oral advocacy, resolving the client's problem in
timely manner, obtaining the best result possible, and properly
dealing with the client.
2. Paralegals may be expected to work together with attorneys on preparing cases
for trial or on special case-related projects, including work on the paralegal's
cases as well as the attorney's cases. These tasks may include, but are not
limited to:
a. Co-counseling cases and administrative hearings;
b. Investigation and research;
c. Preparation of depositions, discovery materials, pleadings, briefs
and other legal materials.
3. Advice and Referrals
The paralegal will, in accordance with unit policy, provide advice and referral
to individuals not accepted as clients as to how the individual may handle and
solve his/her own legal problem. Paralegals will also make appropriate
referrals for clients whom they represent to additional or alternative legal
services, as well as to necessary social services. The paralegal shall follow up
referrals to determine whether they are effective.
4. Community Relations and Training
The paralegal will participate in maintaining good community relations by
acting as a liaison between community groups and the unit and/or
neighborhood center. This typically happens through meetings with
community groups, training sessions, etc. Tasks include, without limitation:
a. Outreach and community education to client groups and social
service agency personnel;
b. Advocacy training in legal rights and entitlements to
above-named groups;
c. Training of GBLS staff, and other groups, when assigned to or
consented to by the Managing Attorney;
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l. in-house (unit and/or neighborhood center)
2. project-wide
3. state-wide
4. Legal Services Corporation back-up
centers (e.g., Mass. Law Reform)
5. Legal Services Corporation regional
and national training
6. Local schools, colleges and universities.
5. Maintaining Skills
The paralegal will maintain and improve the skills necessary to perform her/his
job. This will include, but will not be limited to:
a. Receiving and maintaining accurate and up-to-date resource
materials in subject matter areas of relevance to the paralegal's
work;
b. Developing a regular reading schedule to keep informed about
developments in the law affecting the paralegal's work;
c. Attending training sessions when assigned to or consented to by
the Managing Attorney.
6. Other Responsibilities May Include:
a. Proper application of eligibility standards, both financial and
subject matter, in determining which clients will be accepted for
service;
b. Preparing reports and statistics related to cases and other
projects being worked on;
c. Entering unit/office case data into computerized data systems,
generating standardized case-related correspondence and
documents, and other duties or projects relating to the effective
use of computerized systems.
d. Occasionally, and only if needed, performing general office
work such as answering telephones, receiving visitors, xeroxing,
and picking up and delivering materials;
e. Regular attendance at unit and subunit meetings unless excused
by the Managerial Designee;
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f. Such other duties that are reasonably related to the paralegal's
job functions and which may be assigned from time to time by
the Managing Attorney or his/her designee.
F. SENIOR PARALEGAL JOB DESCRIPTION
The Senior Paralegal shall work under the direction and supervision of the Employer,
specializing in an area(s) of law as determined by the Employer. The Senior Paralegal shall
satisfy all the duties and requirements of the paralegal job description and shall, in addition,
have the following duties and skill requirements:
1. Duties
a. Assisting in developing and handling law reform complex
matters and innovative case handling in their area(s) of
specialization, including litigation, permissible legislative,
administrative, and community education activities;
b. Assisting in the administration and coordination of the legal
work in her/his specialty unit;
c. Assisting in the training of staff and community in the
substantive area(s) of his/her specialty;
d. Assisting in the evaluation of other staff with respect to the
specific projects and/or cases on which they have worked with
the Senior Paralegal;
e. Commensurate with the nature and needs of major projects or
cases under (a), and the experience of those participating,
non-managerial supervision of staff efforts on said major
projects and cases;
f. Being reasonably available to provide consultation and advice at
the request of other staff members with regard to substantive or
procedural law, strategy, tactics or other matters within her/his
specialty;
g. Assisting in the design and implementation of plans and policies
for improving the quality of practice in their area(s) of expertise;
h. Keeping abreast of legal developments in her/his specialty
area(s) and reporting regularly on developments;
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i. A Senior Paralegal shall have reduced case handling, emergency
and intake responsibilities.
2. Skill Requirements
A Senior Paralegal must have practiced as a paralegal for at least two years,
and shall have had extensive experience in the subject area covered by that
position. He/she must be self-motivated, imaginative and aggressive in
identifying, responding to and pursuing legal issues on behalf of the poor, and
be a highly competent paralegal. A Senior Paralegal must demonstrate mature
judgment and responsibility in completing projects undertaken, be good at
working on cases with other persons or alone and be capable of providing
effective supervision and consultation. Prior expertise in the area(s) of the
specialty and good writing skills are highly desirable. The Employer in its
discretion may waive these qualifications if the applicant is prepared to gather
the requisite knowledge and skills as soon as possible and demonstrates
proficiency in other areas.
The hiring process for applicants for Senior Paralegal positions shall follow the
same procedures outlined under Article VIII, §§A and B, and may not be
waived by the Employer. If the Employer is considering a candidate from
outside the program, the Employer may appoint an advisory hiring group which
shall include a bargaining unit paralegal.
G. DATABASE ADMINISTRATOR JOB DESCRIPTION
The Database Administrator's overall responsibility is to administer and serve as primary staff
person in the implementation of one or more GBLS database systems.
Skills necessary for this position include: strong computer, keyboard and office system skills;
ability to work independently; strong interpersonal skills; ability to train and supervise various
staff; ability to respond creatively to the demands of a system which is new and in the process
of development; programming ability where appropriate to the specific position.
Duties may include:
1. Data collection and processing: Overseeing the flow of forms from and to
appropriate staff; inputting data (and/or supervising the input of data) into a
database; consulting with staff to insure correct and timely flow of forms;
maintaining appropriate manual back-up filing systems.
2. Production of reports, notices, statistics, ticklers, appeal forms, correspondence
or other case-related documents for computerized high volume appeal and/or
case tracking systems.
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3. Preparation of periodic statistical analyses and other reports of case data
information.
4. System maintenance: Ensuring the timely and effective flow and permanent
storage of case data; serving as primary contact person for technical support
agencies in so far as the daily workings of the case data computer system is
concerned.
5. Programming and development of computer applications:
a. Writing application programs in source code;
b. Testing and debugging computer programs on a regular basis
and creating new ones as needed to insure optimum level of
system operation, including but not limited to multi-user PC
networks.
c. Designing input screens for end users of system.
6. Evaluation and implementations of other changes as required by programmatic
or systemic needs, in conjunction with Manager or his/her designee.
7. Training and supervision:
a. Orienting new staff to their responsibilities vis-a-vis the
database system; working with current staff to address problems
and/or needs relevant to the database system.
b. Documenting the operation of the computer system in writing.
c. Training new end users in the operation of the system.
d. Training and supervising new staff/volunteers assigned to assist
the Database Administrator in all aspects of the system, under
supervision of the Manager or his/her designee.
8. In conjunction with the Manager or his/her designee, working on other special
data management projects as the need arises.
9. Seeking to maintain and increase her/his skills consistent with the demands of
the position. Particular training areas might include: advanced computer
systems training; data management training; management and supervisory
skills training.
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H. OFFICE ADMINISTRATOR JOB DESCRIPTION
The Office Administrator will be responsible, under the direction of the Managing Attorneys, for
overseeing all non-legal administrative functions of the office. The Office Administrator shall
satisfy all the duties and requirements of the Administrative Secretary/Legal Assistant job
description, and shall, in addition, have some or all of the following duties:
1. Managing the secretarial staff, including central responsibility for their job
assignments, training and supervision; assisting in hiring and evaluation of
secretarial staff; arranging temporary secretarial coverage.
2. Delegating and ensuring proper discharge of all secretarial and administrative
duties in the office, such as telephone coverage, typing and word processing,
copying and filing, library maintenance, grant-related statistics and case
tracking, maintenance of checking and petty cash accounts.
3. Performing a share of the above secretarial duties, as needed.
4. Handling building, service and equipment matters (either by making
arrangements directly, or by communicating with main office), including
utilities, equipment service and purchase, consumable supply purchase,
parking, file storage, security.
5. Overseeing computer functions, such as training, system supervision and
maintenance, and servicing.
6. The Office Administrator shall have no disciplinary role or function. The
responsibility for disciplining and the ultimate responsibility for supervision of
secretarial and receptionist staff rests with the Managing Attorney or
managerial designee.
7. Liaison with grant services.
8. Intake, outreach, generating and completing reports to funding sources,
maintaining private attorney referral and mailing community educational
materials, desktop publishing of community education materials.
9. Data entry and maintenance of unit/office database.
10. Performing other duties as are reasonably related to the function of an office administrator as
described in this job description as assigned by the Managing Attorney or his or her
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designee.
I. Network Support Technician Job Description
The Network Support Technician (NST) provides program-wide technical support and training to
managers, staff, and students using software applications and network products. The NST also provides
technical direction on matters involving desktop, laptop, Internet, and intranet technology.
Duties may include:
1. Evaluating, installing and supporting software applications, operating system components, network
products, and hardware;
2. Training, liaison to units, and technical supervision of database administrators with respect to GBLS
case management system;
3. Programming and development of customized functionality in a wide variety of software applications,
such as e-mail, word processing and databases, in use at GBLS;
4. Configuring and trouble shooting hardware and software components;
5. Performing as liaison to third party vendors;
6. Designing, developing and maintaining user documentation in electronic and paper form;
7. Coordinating daily priorities with other support staff; Offering tutorials on use of technology;
8. Assessing staff training needs, developing curriculum and training materials; scheduling and performing
formal and informal training with staff;
9. Assisting managers in performing their staff training functions with respect to technology;
10. Keeping skill level consistent with the demands of the position;
11. Acting as technology liaison to the New England legal services community; and,
12. such other duties as are reasonably related to the duties set forth in this job description as may be
assigned from time to time by the Managing Attorney or the managerial designee.
J. Librarian Job Description
The librarian will be responsible for performing the following tasks:
Maintenance of the main GBLS Library.
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1. Mend and reshelve books
2. Clean shelves, tables and other areas when necessary
3. Work with publishers and GBLS Accounts Payable in solving subscription, purchasing and
billing problems
4. Inventory books on a regular basis and maintain two up to
date lists of all publications.
5. Assist staff and students with research
6. Attempt to retrieve missing publications
7. Replace missing publications
8. Maintain up to date card file of all incoming subscriptions
9. File revisions and supplements
10. Organize and map book moves within the library
11. Maintain complete up to date files of library activities and publishers information
12. GBLS liaison for the Social Law Library; maintain up to date membership department staff list.
13. Maintain and assist staff in use of computerized research material.
Purchasing
1. Receive library requests from staff for approval and sign off
2. Order library materials using library purchasing system
3. Maintain subscriptions
4. Monitor program library spending using purchase log
5. Analyze library spending and budget for entire program and prepare yearly report for Director of
Business
6. Responsible for setting long term purchasing goals and maintain budget limits for program
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Neighborhood and unit libraries
1. Assist staff in maintaining orderly libraries
2. Assist staff with legal research
3. Assist staff with filing materials, through demonstration
or assistance over the phone
4. Be a resource for information regarding purchasing,
publishers and publications
5. Work with the appropriate staff to maintain subscriptions
6. Assist staff in solving problems with library purchasing, subscriptions and billing
Other
Perform other duties as are reasonably related to the function of a librarian as described in this
job description as assigned by the Managing Attorney or his or her designee.
K. Messenger/Assistant Procurement Manager
The Messenger/Assistant Procurement Manager may be assigned the following duties:
MAIL
1. Daily Incoming Mail: picking up the mail at the post office, sorting all the mail into the appropriate
mail slots, opening all of Administrations mail.
2. Centralized Outgoing Mail: posting and taking out all the mail for the entire program at Friend Street.
3. Replenishing the postage meter as needed. Periodically bringing the postage meter to the post office for
inspection.
COPY WORK
1. Copy work, vello-bind, and distribution of all projects.
2. Deliver and pick-up of all outside special copy projects.
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3. Special copy work brief's or projects for neighborhood offices.
4. Provide training for staff/students.
COPIER MAINTENANCE
1. Meter readings of all copiers at the beginning of each month,
2. Request paper, staples and toner when supplies are low.
3. Review all problems associated with copiers before service call.
4. Supplying all copiers with paper and chemicals on a regular basis.
MESSENGER REQUEST
1. Delivery and pick-up request in Downtown Boston area.
2. Special Delivery Request -
(CASLS, and Courts outside the Downtown Boston area)
3. Serve summons and subpoena's to public officials in the Downtown Boston area including
testifying in court if needed.
4. Bank/Mortgage/Real Estate Tax payments deposited daily/monthly.
SUPPLIES
1. Bi-monthly replenishing of all Friend Street supplies request by AS/LA's in each unit.
2. Inventory and restocking of Centralized supply room.
3. Unpacking and checking deliveries of all supplies; all packing slips are to be forwarded to the
accounting dept.
4. Replacing water cooler bottles when requested or needed.
TELEPHONES
1. Provide coverage for Administrative Unit as required.
2. Provide back-up coverage for other units when requested
SPECIAL PROJECTS
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1. all move related projects, equipment repairs if possible, assembly of furniture, arranging of conference
rooms, assistance of board mailings, security, general handy person items, at Friend Street and any
neighborhood office.
2. GBLS Files Project - Assist and provide back-up in maintenance and retrieval of closed client file, and
general documents.
3. Cash log - provide back-up
4. Assist with purchasing
5. Inventory of new and used furniture and equipment.
6. Index and filing.
Other Perform other duties as are reasonably related to the function as described in
this job description as assigned by the Facilities Director or his or her designee.
ARTICLE XXII: RESOURCES AND LIBRARY FACILITIES
The Employer will provide at its central office adequate library facilities. The Employer shall
maintain in each neighborhood center a basic library consisting of a current set of the
following materials:
A. Massachusetts Regulations pertaining to and regularly used in poverty law
practice, including but not limited to all Department of Public Welfare and
Department of Social Services regulations and the State Sanitary Code,
B. Code of Federal Regulations volumes as specified in 9.2 of the Attorneys
Union contract,
C. M.G.L. c.186 and c.239,
D. Mass. Practice, Volumes 9 and 9A,
E. Such other materials as may be required for the particular community-based
practice of an individual neighborhood center, including, but not limited to,
copies of relevant statutes, MCLE Counseling Low and Moderate Income
Clients, and Legal Tactics, practice guides, manuals, case reporters, specialized
periodicals, etc. Such specialized materials shall be provided upon the request
of a substantive unit Managing Attorney after she/he determines they are
necessary in a given neighborhood center.
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F. Annual Lawyer's Diaries or similar volumes,
G. Federal Rules of Civil Procedure,
H. Massachusetts Rules of Civil Procedure,
I. Massachusetts Rules of Evidence (when published),
J. Federal Rules of Evidence, upon request and when needed,
K. All local rules of relevant Massachusetts courts,
L. Local rules of Federal courts, upon request and when needed,
M. Clearinghouse Review to the maximum extent available, and one per unit if a
subscription should become necessary.
Further the Employer agrees to continue to provide personalized business cards to
casehandlers and general business cards to all other bargaining unit members.
ARTICLE XXIII: MISCELLANEOUS
A. Employees may be asked to fill in for other individuals, including the Friend
Street receptionist, if there is an emergency, or when an employee is at lunch,
or on leave of any other kind. It is understood, however, that when a person is
filling in, she/he is not expected to perform both her/his own job, and the fill-in
job concurrently. Any employee shall have the option to decline any request to
fill in for the Friend Street receptionist which exceeds a total of three hours per
month for that employee. The Union shall appoint a designee whom the
Employer shall notify in a timely fashion when any employee has filled in for
the Friend Street receptionist. Non-bargaining unit secretaries shall also be
responsible for filling in three hours per month each.
B. The Union and the Employer will make every effort to increase
communications. A copy of any notice sent to all non-supervisory employees
will be sent to the Union.
Employees will be guaranteed representation on all committees of the
Employer to the extent that other non-supervisory, non-lawyer employees are
represented on such committees.
Employer will provide advance notice to employees of meetings and forums to
the extent possible.
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C. 1. Employees personnel files shall only be kept in one central
location in the Employer's administrative office. The Employer
shall designate one member of the administrative staff to be the
personnel records custodian and shall notify the Union of the
individual assigned to serve in this capacity.
2. On any occasion when any person other than the Executive
Director, Associate Directors, or an employee's managing
attorney or the confidential secretary of the personnel records
custodian, is granted access to an employee's personnel file, the
personnel records custodian shall enter the date, name of the
person, and the purpose of the access on an access sheet listed in
the file.
3. The employer shall not provide access to any personnel file to
any third party, except with the express written consent of the
employee, under legal process, if access is required by law. If
the employer is requested to produce the file under legal
process, the employee will be informed of the demand as soon
as is practicable in order to permit the employee to challenge the
release of the information in the appropriate forum.
4. All medical information will be maintained in a separate
personnel file. No information shall be placed into this file
without the express consent of the employee. No individual,
except the personnel records custodian and the employee, shall
have access to any information contained in this file without the
express written consent of the employee. The file shall contain
a record of all disclosures so permitted.
5. An employee will have access to her/his own personnel file by
appointment with the personnel office. The employee will have
the right to obtain copies of all material in her/his file.
6. If any document in an employee's personnel file contains
information which the employee considers to be false or
misleading, the employee may at any point insert into her/his
personnel file a written rebuttal thereof. Said document may be
removed by mutual agreement.
D. Travel Reimbursement
l. Bargaining unit members shall be reimbursed for local travel
expenses if the travel is directly related to their employment, but
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not for travel to and from work.
2. Local public transportation facilities and the cheapest mode of
transportation should be used wherever possible. For any
bargaining unit member with a T-pass, or
similar travel arrangement, there will be no reimbursement for
travel covered by that pass. In all other cases, the bargaining
unit member will be reimbursed for all subway and bus fares.
Taxis should be used only in emergency cases and only upon the
approval of the Managing Attorney.
3. Reimbursement for automobile expense can be made only when
the car is required for business, in which case mileage may be
charged at the rate approved in federal travel regulations. Any
required downtown parking up to the rate generally charged at
city garages will also be reimbursed.
4. Mileage is not to be charged from the bargaining unit member's
home to any point of official business. Mileage is computed
from the office to which an individual is assigned, unless the
bargaining unit member's business is of such nature as to
officially begin elsewhere.
5. Reimbursement for local travel expenses must be reported on
the required forms.
6. Reimbursement for local travel expenses must be submitted
monthly to the Bookkeeper.
E. The Employer shall continue the practice of reimbursing employees for
authorized litigation expenses, provided proper documentation is submitted to
the Employer.
F. (1) The Employer agrees to deduct from the pay of each employee voluntary contributions to
UAW V-CAP, provided that each such employee executes or has executed the following
"Authorization for Assignment and Checkoff of Contributions to UAW V-CAP" form
(hereinafter "V-CAP form"), as set forth in paragraph below. The Employer will continue
to deduct the voluntary contributions to UAW V-CAP from the pay of each employee for
whom it has on file an unrevoked V-CAP form.
(2) Deductions shall be made only in accordance with the provisions of and in the amounts
designated in said V-CAP form, together with the provisions of this section of the
Agreement.
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(3) A properly executed copy of the V-CAP form for each employee for whom voluntary
contributions to UAW V-CAP are to be deducted shall be delivered to the Employer before
any such deductions are made, except as to employees whose authorizations have heretofore
been delivered. Deductions shall be made thereafter, only under the applicable V-CAP
forms which have been properly executed and are in effect.
(4) Deductions shall be made pursuant to the forms received by the Employer, from the
employee's first Union dues period in the first month following receipt of the V-CAP form
and shall continue until the V-CAP form is revoked in writing.
(5) The Employer agrees to remit said deductions promptly to "UAW V-CAP," care of the
International Union, United Automobile, Aerospace and Agricultural Implement Workers of
America (UAW). The Employer further agrees to furnish UAW V-CAP with the names and
addresses of those employees for whom deductions have been made.
(6) The proposed check-off form includes the following information:
Authorization for Assignment and Checkoff of Contributions to UAW V-CAP.
To: Greater Boston Legal Services
I hereby assign to UAW V-CAP, from any wages earned or to be earned by me as
your employee, the sum of (check one):
$1.00 $3.00 $5.00 Other $
each and every month. I hereby authorize and direct you to deduct such amounts from my
pay and to remit same to UAW V-CAP at such times and in such manner as may be agreed
upon between you and the Union at any time while this authorization is in effect.
This authorization is voluntarily made. I understand that the signing of this
authorization and the making of payments to UAW V-CAP are not conditions of
membership in the Union or of employment with the Company, that I have the right to refuse
to sign this authorization and contribute to UAW V-CAP without any reprisal, that UAW V-
CAP will use the money it receives to make political contributions and expenditures in
connection with federal, state and local elections, that all UAW members may be eligible for
V-CAP raffle drawings, regardless of whether they make a contribution to UAW V-CAP,
and that monies contributed to UAW V-CAP constitute a voluntary contribution to a joint
fundraising effort by the UAW and the AFL-CIO.
I also understand that the guidelines for contributions to UAW V-CAP set forth
above are merely suggestions, that I can contribute more or less than the guidelines suggest,
and that the Union will not favor or disadvantage me based on the amount of my
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contribution or any decision not to contribute.
Contributions or gifts to UAW V-CAP are not deductible as charitable contributions
for federal tax purposes.
Name: Dated: SSN:
Address: Signature
Local Plant Dept.
UAW V-CAP is an independent political committee created by the UAW. This committee
does not ask for or accept authorization from any candidate and no candidate is responsible
for its activities.
G. Cross Unit Assignments
a. If the employer determines a need in a unit for significant work on a
temporary basis, the Litigation Director will write up the work to be done and
the minimal skills necessary to do it and seek a volunteer from another unit to
fulfill this need. If the Litigation Director cannot find a volunteer, the
Litigation Director will make a program-wide request for a volunteer. The
Litigation Director can choose among volunteers.
b. The work being assigned must include a corresponding reduction in the employee's other
work.
c. If the process in paragraph "a" does not result in a reassignment because the Litigation
Director determines that the volunteer does not meet have the minimal skills or is from a unit
that cannot spare the resources, then the reassignment shall be done by seniority among
employees meeting the minimal skills required for the task within a unit selected by the
Litigation Director.
d. This cross-unit assignment of work shall be limited in scope to the completion of a
particular major case or for no more than six months for other projects or assignments. The
employee and the Litigation Director may agree to extend the six month limit. No one shall
be so reassigned more than once every 18 months from the date of the last assignment.
H. The side letter to this agreement, executed this same date, and marked as attachment "B" is
incorporated in this agreement by reference.
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ARTICLE XXIV: DURATION AND SAVINGS
A. If a provision of this Agreement shall be declared invalid, such invalidity shall
not impair the validity or enforceability of the remaining provisions of this
agreement. The parties shall promptly meet to negotiate a replacement for the
invalid provision.
B. This agreement shall be effective from January 1, 2000 until September 30,
2002 and from year to year thereafter, unless either party by written notice 60
days prior to the aforesaid expiration date, or any anniversary thereof, indicates
its intention to terminate the agreement as of the expiration thereof.
In witness whereof, the parties have executed this Agreement the day and date first set forth above.
Greater Boston Legal Services Staff Association Greater Boston Legal Services, Inc.
By: By: _____________________
Karen Dobak, Robert Sable,
President Executive Director
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"A"
GREATER BOSTON LEGAL SERVICES STAFF ASSOCIATION
AUTHORIZATION FOR DUES/ASSESSMENTS CHECK-OFF
To Greater Boston Legal Services, Inc.:
The undersigned hereby authorizes and directs you to deduct from the weekly wages earned and to
be earned by me as your employee such amounts as the Greater Boston Legal Services Staff Association
shall, from time to time, duly establish as its membership dues/assessments and initiation fees for
membership in the Association, and to remit the amounts so deducted to the Association.
I submit this authorization and assignment with the understanding that it will be irrevocable for a
period of one (l) year from the date hereof or until the termination of the current collective bargaining
agreement between the Employer and the Union, whichever occurs sooner. This authorization and
assignment shall continue in full force and effect for yearly periods, unless revoked by me within ten (10)
days prior to the expiration of any expiration period hereof. Such revocation shall be effected by written
notice to the Employer and the Union within such ten (10) day period.
Signature _______________________________________
Print Name ______________________________________
Social Security No. _____________________________
Date ____________________________________________
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"B"
This side letter supplements the collective bargaining agreement executed on this day between
Greater Boston Legal Services and Greater Boston Legal Services Staff Association.
It is agreed that:
1. The application and interpretation of the terms "strikes", "slowdowns", "work stoppages",
"mass absenteeism" and "mass resignation" as used in Article VII of this Agreement shall
apply to all sympathetic strikes or other conduct (as above described) taken in support of other
labor organizations.
2. Because the Union has chosen to take additional salary in place of the benefit of an employer
payment to the cafeteria plan, payment to the cafeteria plan for other employees shall not be
considered an improvement for the purpose of Article VI. Section D. Extension of
Improvements of this contract.
3. Bargaining Unit members agree to keep the following time records:
a. Upon the unit manager's request the unit shall keep estimated time records solely in the form
of total number of hours spent on various funding sources. It is recognized that individual
case constraints may require that in any given week, the casehandlers percentage and time
spent on a grant may differ from that which is allocated but that this should even out over a
longer time period. If the percentage of time allocated to each grant source differs from the
actual percentage of time spent by the casehandler working on the grant source, it is the
managing attorney's responsibility to appropriately balance the casehandlers work load to
correct that imbalance, and ensure that grant obligations are met. No casehandler shall be
disciplined for the imbalance resulting from the assignment of work, and the content of
timekeeping shall never be used as the sole basis of a disciplinary action.
b. Upon the Executive Director's request all casehandlers in a particular unit or funded by
a particular source may be required to keep time records for up to one month in any 12
month period on a case by case basis. Such timekeeping will consist of recording the
aggregate amount of time spent on each case in that month. No casehandler will be
required to keep case by case time records for more than one month in a 12 month
period, regardless of the number of sources funding that casehandler. The content of
time records kept pursuant to this paragraph shall never be used as a basis of a
disciplinary action.
c. Casehandlers shall also keep time records, only to the extent required, for tax returns,
government agency reports, by specific funding sources or for obtaining attorneys fees.
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d. The employer shall not submit a funding proposal which proposes timekeeping except as
provided for in a. or b. above unless the funder has made such timekeeping a condition of
receiving the funds.
4. The collective bargaining agreement shall not be construed to prohibit secretarial work
assignments on a floor wide basis. The AS/LA will continue to supervise the secretaries, and
coordinate the assignment of administrative and clerical tasks based upon the unit or floor wide
solution. One managing attorney, as designated by the Executive Director, shall be primarily
responsible for supervising the AS/LA to ensure the AS/LA is assisting the managing attorneys in
the development, implementation, and coordination of secretarial, administrative, and unit/floor
wide systems.
5. Network Support Technician
a. The Employer has an obligation to recruit for the computer support training specialist
position on scale. In addition, the Employer has an obligation to do appropriate advertising
for this position at computer schools, in computer publications, and local newspapers in a
manner consistent with Affirmative Action. In filling this position the Employer will give
special consideration to promotion of present bargaining unit members.
b. The entry level salary will be based upon years of experience utilizing skills needed in
this position, or upon relevant education as set out in Article XIIIB. The expectation is that
a candidate shall be paid on scale, and the candidate who possesses the skills necessary to
perform the job and is willing to be paid on scale or closest to scale will be the preferred
candidate. When in the reasonable judgement of the Executive Director this position
cannot adequately be filled on scale and should a candidate for the position have more than
five years of experience utilizing technical computer skills, the Executive Director will
consult with the Union, prior to offering the position at a higher point on the scale. In the
event that the Executive Director makes a decision about salary which is not in accord with
the view of the union, then the Executive Director shall, within 10 days of making the
decision, provide a written statement of the Executive Director's reasons to the Staff
Association. The statement shall describe the efforts to the fill the position and explain
why the position could not be filled on scale. No more than five positions in this job
category may be paid off scale at a time.
c. The provisions of the previous paragraph do not apply to candidates with between 0 and
5 years of employment experience utilizing technical computer skills. For these candidates
salary shall always be paid in accordance with the scale set out in Article XIII of this
agreement.
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6. In addition to any other increases to which they may be entitled under this Agreement, as of
January 1, 2000, the following employees shall have their salaries increased by an annual amount
of $2,000:
William Ayala
Alexandra Bachetti
Martiza Gomez
Samnang Marn
Mercer Edwards
Lisa Siegal
Cecilia Sosa-Patterson
Jeremy Tisme
Thuy Tran
7. The provisions of Article I §C1 shall not apply to the person holding the librarian position prior to
January 1, 1997, unless and until that employee shall have joined the Union, or transfers to another
position covered by this Agreement.
8. Under emergency circumstances, the employer, in its sole discretion, may grant paid leave to staff
who are eligible for leave under the Federal Family Medical Leave Act and are not eligible for paid
leave under any other provisions of this Agreement.
9. In implementing the paid parental leave under Article X (B) (3), only members on parental leave as
of January 1, 2000 and members applying for periods thereafter shall be eligible.
Greater Boston Legal Services Staff Association Greater Boston Legal Services, Inc.
By:____________________________________ By: _____________________________
Karen Dobak Robert Sable,
President Executive Director
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"C"
{DATE}
Dear {Employee Name}:
The Greater Boston Legal Services Staff Association (GBLSSA) congratulates you on your new
employment and welcomes you to our Union. The Union would like to take this opportunity to advise you
on some very important contract issues that could affect your salary scale for the duration of your
employment with GBLS.
During the hiring process, your education and experience was evaluated by the program.
Frequently, the employer relies solely upon your resume in computing salary credits.
The Union has found that not all experience or education credits are thoroughly explored and the
new hiree ends up with a lower salary than he/she may be entitled to. This is not necessarily intentional
but results from the fact that a new employee is not familiar with the Union contract and how salary credits
are established based on prior work experience or education.
The Union strongly advises you to contact a shop steward or the Union President during the first
few weeks of employment to have your experience and education history reviewed. The Union will then
let you know if you should have received more credits based upon its evaluation.
If the Union determines that you should be at a higher salary level, you have the right to dispute
(grieve) your experience and education levels. However, THE GRIEVANCE MUST BE FILED NO
LATER THAN THREE WEEKS, FOLLOWING THE SATISFACTORY COMPLETION OF
YOUR THREE MONTH PROBATIONARY PERIOD. Please refer to Article XIII, B and Page ,
SIDE LETTERS "C" of the GBLSSA contract. (Attached)
If you do not grieve your salary credits within the above time-frame, you forego the right to dispute
your salary level. Your salary level will remain permanently set according to the original evaluation,
whether or not that evaluation accurately reflected your experience or education.
YOU CANNOT BE TERMINATED FOR GRIEVING YOUR ENTRY LEVEL SALARY.
During the first three months of your employment you are a "Probationary Employee". This means that
you get all of the benefits and protection of the Union contract. However, during this time you do not have
the right to grieve termination of employment. Consequently, the UNION RECOMMENDS THAT
ALL GRIEVANCES RELATING TO DISPUTES ON ENTRY LEVEL SALARY BE FILED AT
THE END OF THE SATISFACTORY COMPLETION OF THE THREE MONTH
PROBATIONARY PERIOD BUT NOT LATER THAN THREE WEEKS (15 BUSINESS DAYS)
AFTER THE END OF YOUR PROBATIONARY PERIOD.
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The Union is here for your benefit and you should utilize your Union in every way possible. We
will be happy to discuss your rights under the Union contract and are available at all times for our Union
membership. We encourage you to read your Union Contract carefully and to call with any questions;
especially during the first three months of your employment.
Attached is a list of Union Officers and Shop Stewards.
Again, welcome to our Union!
Greater Boston Legal Services Staff
Association, by its President,
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