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IIP Closing Agreement

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This Memorandum of Understanding shall set forth certain rights and privileges that may be exercised by AFSCME Bargaining Unit Employees including bargaining units RC-6, RC-14, RC-62, RC-63 and CU-500, who are employed at the work location as defined in Article III A of the current supplemental agreements for Jacksonville Correctional Center (hereinafter referred to as JVCC), Pittsfield Work Camp (hereinafter referred to as PWC), and Greene County Impact Incarceration Program (hereinafter referred to as GCIIP) in the event the proposed termination of Greene County Impact Incarceration Program is implemented. The provisions of this Agreement
shall not be construed amend modify the law or any enforceable limitations imposed upon
the parties.

The parties agree to the following:
It is agreed that the affected employees shall be considered subject to layoff as of July 9, 2002 (Management) May 27,2002 (Union). (Dispute)
Layoffs and reassignment during any phase down will occur on the basis of  seniority, except as may otherwise be provided hereunder. (Agreed)
Positions listed on attachment A shall be available for lateral (TITLE FOR TITLE) filling by individuals affected by lay off in seniority order. (Agreed)
Any contract for services in the Department of Corrections which encompasses the scope of duties for an employee covered by this agreement will be terminated if there is a bargaining unit employees qualified and willing to fill that position. (Dispute)
If any bargaining unit employees are retained at GCIIP after the actual termination date
of the program those opportunities shall be offered on the basis of seniority.(Agreed)
The prohibition against the exercise of rights to transfer in lieu of layoff by any employee covered by this agreement who has exercised their transfer rights within the past thirty
(30) months shall not apply to any transferss in-lieu of layoff by employees covered by
this agreement. (Agreed)
Employees covered by this agreement who transfer will not be prohibited from utilizing their seniority at the facility to which they transfer. All such employees shall be allowed the opportunity to bump for shift (except CU-500) and days off upon their arrival at their new work location. CU500 employees covered by this agreement shall be allowed to exercise their shift retention rights to an equivalent shift upon their arrival at their new work location based on their seniority within classification. Such bumps shall not be counted toward the maximum number of bumps each classification is allowed annually under Article XIX, nor shall this use of seniority impact the recall rights for CU-500 members in any way. (Agreed)

Any employee covered by this agreement that accepts a transfer to another worksite as a voluntary reduction to avoid layoff shall retain recall rights to his/her former position classification within the home county and up to two additional counties. (Agreed)
Recall rights for employees cpvered by this agreement shall be in effect until June 30,
2005. (Agreed)
All RC-6 transfers by employees covered by this agreement shall be considered as "other means" under the RC-6 Transfer Agreement and will not count towards any facility's annual transfer limit for transfer. (Agreed)
In the event that GCIIP reopens or otherwise becomes operable prior to June 30, 2005 in a capacity under the control of the Department of Corrections, all non-retired employees covered by this agreement will be offered, in seniority order, the opportunity to return to their previously held position at their previous work site (including job assignment if applicable). This also applies to employees covered by this agreement that are still employed within the county in which their facility is located. Twelve (12) months after the effective date of termination of GCIIP, employees covered by this agreement will be required to requalify as necessary for Correctional Officer and Correctional Lieutenant (Security - weapons qualification (from last qualification)/physical agility/Physician Statement) as applicable. (Agreed)
All employees covered by this agreement are eligible for severance pay as defined in the Collective Bargaining Agreements. (Agreed)
Any employee covered by this agreement with a vacation scheduled, who was approved prior to April 1, 2002, will not forfeit that scheduled vacation by moving to a new work site. Such approved vacations shall constitute good cause under Article XX Section 5 (d). (Agreed)
The Employer will provide the following on site services to all employees covered by this agreement:
a. Assistance regarding unemployment compensation from the Department of Employment Security.
b. Information concerning life, medical, vision and dental benefits.
c. Deferred Compensation and financial counseling.
d. Seminars and information from the State Employees' Retirement System. Information regarding Upward Mobility rights. (Agreed)
Any employee covered by this agreement that has not completed Corrections Officer/Youth Supervisor training will be considered eligible for a Corrections Officer/Youth Supervisor position and not be placed in trainee status. Employees who take a voluntary reduction or transfer in lieu of layoff shall receive two (2) to four (4) weeks of regional based training which will be a modified version of the six (6) week completed Correctional Officer/Youth Supervisor training. However, employees who claim Correctional Officer positions must successfully complete weapon qualifications or revert back to layoff status with recall rights from previously certified and held
position. (Agreed)
The Employer (CMS) will provide a list of all vacancies for all agencies to employees covered by this agreement eligible under Article XX, Section 3(j) for Inter-agency Transfer on Layoff. Such employees will be allowed time off without loss of pay, subject to operational needs, for scheduled interviews with other state agencies, time to include
travel to and from said interview. (Agreed)
DOC will provide one out-placement center staff person at Jacksonville Correctional Center to aid employees covered by this agreement in job searches and placement. This person will be located at Jacksonville Correctional Center and will be placed there no later than July 15,2002. This staff person will assist the employees in determining which State positions they may qualify for and facilitate in the process of employees receiving becoed for positions in which they are interested. (Agreed)
Any employee covered by this agreement that is recalled or accepts a transfer in lieu of layoff to another DOC facility or state agency which increases their commuting distance by more than 50 miles will be reimbursed up to $1500 for expenses incurred in moving at least 20 miles closer to the new work location. A total of $15,000 will be set aside for cost. Upon depletionno additional  request for any funds will be considered. (Agreed)
Any employee covered by this agreement who is laid off may upon request have their sick, vacation, personal benefit, and holiday time remain on the books for a period of up to two years. Such time may be liquidated at any time upon request of the employee. (Dispute)
The employer will not contest the unemployment insurance claims unless the employee's
termination was the result of discharge for just cause. (Agreed)
Grievances regarding the application and interpretation of this agreement shall be processed in accordance with the Memorandum of Understanding on Special Grievances.
This agreement shall remain in full force and effect until June 30, 2005. (Agreed)



AUGUST 16,2002                  AUGUST 16,2002