2001-2003 Collective Bargaining Agreement

Corrections - Prisions and Secure Psychiatric Unit

27.1. All permanent state employees of the prisons and Secure Psychiatric Unit who qualify shall receive hazardous duty pay as prescribed by statute.

27.2. Gun racks shall be provided in all wall towers. The administration shall determine the type of gun racks to be installed and prescribe the conditions under which they shall be used.

27.3. The administration shall provide each uniformed employee the following uniform items as a basic issue:

Three (3) short-sleeved shirts
Three (3) long-sleeved shirts
Two (2) pair uniform pants
One (1) coat (year-round weight)
One (1) uniform cap with badge
One (1) uniform badge
Required chevrons and insignia
One (1) pair hinged handcuff and holder (case)

Wet and cold weather gear shall be made available for on-the-job use by employees who regularly work out of doors.

The Employer shall replace state-issued items which are damaged or become worn as a result of employment. Wash and wear items may be laundered and pressed at the prison.

The Employer will have the uniform coat (year round weight) dry cleaned once a year.

27.3.1. It is understood by the Parties that a joint committee of the Parties has mutually agreed to modifications of the provision set forth in 27.3. and that those modifications, which are pursuant to the findings of the TQM Committee on Uniform Issuance dated 9-24-97, will begin to be implemented on July 1, 1998.

27.4. Employees may grow and maintain a mustache, so long as such mustache is kept neat and trimmed.

27.5. The Warden and his/her designee agree to meet with the president of Chapter 24, and the unit Stewards upon the request of the Chapter's president at a mutually agreeable time.

27.6. The Employer or a designee shall meet with the Chapter 39 president and the Secure Psychiatric Unit Stewards upon the request of the Chapter 39 president, at a mutually agreeable time.

27.7. The Employer will provide each perimeter security post with a pair of binoculars of not less than 7 x 35 power.

27.8. Security employees shall be allowed a lunch break, if possible, at the discretion of the Employer. The break is to be taken away from the immediate work area when possible. Security employees are subject to immediate recall during said lunch break.

27.9. Personnel in the treatment division who work thirty-seven and one-half (37 1/2) hours per week may be exempt from the standard work hours and may work a flexible work schedule upon approval of the Employer.

27.10. The fifteen-minute briefing period required of custodial personnel and nursing personnel shall be compensated as overtime.

27.11. The Employer shall make reasonable attempts to provide potable drinking water, flush toilet facilities in proper working order, and hand cleaning materials for all tower posts and units where permanent staff are assigned. This shall include capital budget requests where appropriate.

27.12. Each nursing department employee shall, whenever possible, work a forty (40) hour, five (5) day work schedule providing every second or third weekend off.

27.13. The Employer shall provide meals to prison and SPU staff members under the following conditions:

1. to an officer upon completion of at least four (4) hours overtime either immediately before or after a scheduled tour of duty.
2. to an officer in each dining room during each feeding for the purpose of quality assurance and reporting.
3. to officers on duty in the Special Housing Unit for quality assurance and reporting
4. to officers assigned to towers, outside security posts, and inmate details outside the prison walls when security considerations dictate that relief for other meal arrangements is not practical.

27.14. Job specifications of all positions at the Secure Psychiatric Unit will be made available for all personnel working at SPU for all three (3) shifts.

27.15. Employees who work overtime shall be allowed a thirty-minute break within two hours of the shift change.

27.16. Vacancies: The Employer shall post all vacancies throughout the bargaining unit. All postings shall identify the vacancy's assignment, location, shift, and days off if they are known.

27.17. Transfers: All lateral transfers shall be posted by the Employer for not less than five (5) work days. Selection of employees for transfer shall be from responses to the posting and shall be made on the basis of seniority within the Department of Corrections. In the event that the most senior employee is not selected, specific performance based reasons for the non-selection of all senior employees passed over shall be made in writing to such employee(s) by the person making the selection. This written notice to employees not selected, including the reasons for non-selection, shall be completed within ten (10) work days.

In determining "seniority within the Department of Corrections", full credit for service shall be given to employees in the Secure Psychiatric Unit (SPU) who were moved into the Department of Corrections by the statutory reorganization which moved the SPU from the Department of Health and Human Services to the Department of Corrections.

27.17.1. The Employer shall provide three (3) months written notice to any unit employee who is to be transferred involuntarily to a location fifty (50) miles or more from Concord.

27.17.2.Temporary Reassignment: The Employer may temporarily reassign an employee(s) at the employee’s request. Temporary reassignments shall be for a sixty (60) day period unless the Employer and the employee agree to extend the time limit. At the conclusion of the time limit, the employee shall return to his/her previous assignment.

27.18. Investigation of Employees: Any unit employee against whom a complaint is made from any source shall be afforded, as a minimum, the following rights:

In every case when the Employer determines that an investigation of the facts or circumstances behind the complaint is to be undertaken, the employee shall be so notified in writing within seven (7) work days. Notification shall include the reason(s) and/or cause(s) for the investigation.

All investigations shall be completed and the final report thereof shall be filed with the Commissioner within forty-five (45) work days. This deadline may only be extended by the Commissioner and then only for exceptional reasons. Notice of any extension shall be in writing to the employee before the expiration of the 45-day period, and shall include all of the reasons for the extension and its duration.

During any investigation the employee shall retain his/her current status, schedule, assignment, and like rights unless the Commissioner determines that, for the good of the complainant or of the employee being investigated, the employee should be removed from his/her current status, schedule, assignment, etc. In such a circumstance, every possible effort shall be made to keep the employee on the same shift and the same regular days off.

In all cases where the investigation determines that the allegation(s) in a complaint are unfounded, all reports and documents pertaining thereto shall be labeled as "UNFOUNDED" then sealed and stored by the Commissioner separate from the employee’s personnel records and files.

Any transfer or reassignment undertaken pursuant to sub-section "d" above shall be immediately and completely reversed upon a determination that a complaint was unfounded.

The foregoing provisions will apply until the time that formal disciplinary action is taken.

27.19 Leave Administration: Notwithstanding the provisions of Article X, Sections 10.3. and 10.3.1., annual leave, bonus leave, and floating holidays for unit employees shall be administered in accordance with the following provisions:

1. The Employer agrees to accept properly executed leave applications within six (6) months of the first day of the period of leave being requested.
2. The Employer agrees to indicate acceptance or rejection of the requested leave within five (5) calendar days after receiving a properly executed application for leave.
3. The Parties agree that leave shall be granted at mutually agreeable times and the Employer agrees not to unreasonably deny leave requests.
4. Every employee will be afforded the opportunity to take two (2) consecutive weeks of accumulated leave at least once per calendar year. The Employer may direct employees to take at least one (1) full calendar week of annual leave in a calendar year.
5. Nothing contained in this section or under the terms of the application for leave shall be construed as preventing the Employer from granting requested leave without a five day notice.
6. An employee shall be granted leave on an emergency basis due to unforeseen circumstances. Verification of the emergency may be required by the Employer.

27.20. Vehicle Safety: Any employee who reasonably believes that a state vehicle is unsafe has an obligation to refuse to operate that vehicle and to report the reason(s) to the appropriate authority.

27.21. Bulletin Boards: The Association shall have the right to use a reasonable portion of any bulletin board in each unit, consistent with the requirements for posting and content set forth in Article III, Section 3.1. of this agreement.

27.22 Employee Rights: With respect to bargaining unit employees of the Department of Corrections, the Employer will neither engage in nor permit any restriction of the right of employees to:

1. express personally held views or opinions in any forum consistent with the U.S. Constitution and RSA 98-E;
2. legally assemble;
3. participate in demonstrations of personally held views or opinions;
4. be free from visual, photographic, audio, and/or video recording or surveillance by the Employer, caused by the Employer, permitted by the Employer, or any of its agents, of any personal, union-related, or other non-work activity;
5. be free from discriminatory, harassing, or suppressive actions or omissions under the guise of management prerogative, management right, work assignment, or scheduling assignment.

27.23 A committee of 6 people shall be formed to study the funding of education and training programs for employees. The committee shall consist of three members appointment by the Employer and three members appointed by the Association. The agenda of the committee shall be to investigate procedures for approving funds for education and training and to make recommendations to the Commissioner of Corrections in regard to the equitable distribution of these funds throughout the department. The committee shall begin to meet no later than thirty days after the effective date of the Agreement and shall report to the Commissioner no later than six months after said date.