The State recognizes that health care employees will continue to play a vital role in the delivery of human services. While the processes for service delivery may change, job opportunities will continue to exist, provided employees avail themselves of these opportunities. The State and the Union are committed to working closely together in order to effect an orderly transition and continuity of employment.
In order to facilitate an orderly transition to new employment opportunities, the State agrees to establish a function in the affected agency dedicated to assisting and counseling staff in
transfer and relocation options. Such function shall be staffed by an individual jointly chosen by the Union and management who is appropriately skilled to assist and counsel staff in transfer, relocation and retraining options consistent with this Section. In cooperation with the Union, a transfer list system within a specific agency may be developed for the filling of positions or vacancies. Employees may apply for specific work locations and shifts.
Further, the State and the Union will identify retraining opportunities which will assist employees in preparing for emerging or alternative job opportunities. To assist employees, the State will make a good faith effort to post all bargaining unit vacancies at a central location at each facility subject to the provisions of this Section.
In the event a reallocation or reduction in the workforce becomes necessary at the Departments of Mental Retardation or Mental Health and Addiction Services as a result of the change to community based programs (deinstitutionalization), the provisions of this Section shall apply to all Department of Mental Health and Addiction Services employees with permanent status on or before July 1, 1997 and to all Department of Mental Retardation employees with permanent status on or before July 1, 1997.
(A) All such permanent employees affected by
deinstitutionalization shall be offered employment in the same or comparable classification at no reduction in salary grade as provided in this Section. All positions and vacancies within the affected agency shall first be filled through voluntary transfers. If there are no volunteers for a particular position or vacancy, it shall be filled by offering it to the least senior employee in the classification from the affected facility. Full time employees shall be offered a full time position and part time employees shall be offered a part time position. If the least senior employee refuses, the employee shall be laid off or may have rights as described in (B) below. If the position or vacancy remains unfilled, it may be offered to the next two least senior employees, in reverse order of seniority. If one or both of those employees refuse, that employee shall be laid off (in order of seniority) or may have rights as described in (B) below. However,
no permanent employee covered under this Section shall be laid off as long as there is a less senior employee in the same classification at the affected facility who has no rights under this Section.
(B) Any employee who refuses an offer and is scheduled to be laid off as described above shall be deemed to have waived any rights to additional offers in the future under paragraph (a) above, but shall retain the right to bump within the facility as provided in Article 16, Section Five (a)(2). Such bumping rights shall exclude any positions scheduled to be eliminated. The bumper shall be paid as provided in Article 16, Section Eight.
(C) For the purposes of this Section, Regions and Districts within the two agencies shall be defined as they existed on July 1, 1993. In the Department of Mental Health and Addiction Services, the offer to an eligible employee shall be in the same district as the person is employed, except in the eastern district where the offer shall be in either the eastern or central district. In the Department of Mental Retardation, the offer to an eligible employee shall be within the region where the facility is located or in one of the contiguous regions. However, for Southbury Training School, if the offer is in a contiguous region, it shall be west of the Connecticut River. The State and the Union agree to meet and discuss additional geographical limitations on offers for other locations as necessary.
(D) In the Department of Mental Health and Addiction
Services, an employee who voluntarily transfers to a position/vacancy in a lower classification, or accepts a position under paragraph (a) above, shall be red-circled in the higher classification. In the Department of Mental Retardation, an employee who voluntarily transfers to a position/vacancy in a lower classification, or accepts a position under subparagraph (A) above in accordance
with the provisions of (E) below, shall be red-circled in the higher
classification.
(E) Movement to lower classes shall be limited as
follows in the Department of Mental Retardation: 1. PS 2 to PS 1, SMRW 2, SMRW 1 2. PS 1 to SMRW 2, SMRW 1 3. SMRW 2 to SMRW 1 4. SMRW 1 to LMRW
5. LPN to MRW 2 6. LMRW to MRW 2 7. MRW 2 to MRW 1
8. An employee in a professional classification may be red circled in a lower classification in the same series
(F) If an employee is selected for and accepts a
position/vacancy as referenced in (D) and (E) above, the employee
shall be required to apply for any and all positions/vacancies in the employee's classification series, above the position/vacancy the employee is occupying, up to and including the title in which the employee is red-circled. This requirement shall exist for positions/vacancies in the Region or District in which the employee is currently employed. This requirement shall not be waived due to concerns over conditions of employment including, but not limited to, shift, pass day, unit assignment or availability of overtime. Should an employee fail to thus apply, or should the employee apply, be accepted and then reject the position/vacancy, the employee shall no longer retain red-circled status. At that point, salary will be recomputed in the traditional manner (as if the employee had always worked in the lower classification).
Employees who are red-circled are not required to apply for positions/vacancies in their classification series in other locations except as specified above, but may do so if they desire. Should they be selected for such a position/vacancy, the requirements of the above paragraph would apply at the new location.
(G) Notwithstanding the provisions of Article 15,
Section Two or Article 16, Section Seven (d), individuals on the reemployment list as a result of refusal of an offer under the provisions of this Section shall not have preference for a vacancy in their former agency over an employee who has yet to receive an offer. This provision would apply only to vacancies in the individual's former agency and would not affect their recall rights to any other agencies.
(H) At any facility/institution covered under the
provisions of this Section, the parties shall meet and develop a process for internal movement of employees to facilitate the closing of individual units or departments within the facility/institution.
(I) The parties agree that an expedited arbitration process shall apply to disputes over whether this Section is applicable to a particular reallocation or reduction in the workforce situation.
ARTICLE 17