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EXHIBIT 28 Collective Bargaining Agreements With Unions ...

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epresentatives of the Employer (agencies under the Governor’s jurisdiction) will meet during the<br />

term of this Agreement to discuss expansion of child care facilities.<br />

Section 18. In the event the State Employees’ Retirement Code is amended during the term of<br />

this Agreement to authorize dues deductions for retired public employee associations, the parties<br />

agree to negotiate whether or not the Agreement should be amended to incorporate changes<br />

permitted by the amendment to the Code. It is clearly understood that if this Agreement is<br />

reopened for negotiations for this purpose, the provisions of Article 34, Peace and Stability, will<br />

remain in full force and effect.<br />

ARTICLE 36<br />

EQUAL EMPLOYMENT OPPORTUNITY<br />

If any provision of this Agreement is in conflict with Federal Executive Orders 11246 and<br />

11375, as amended, the Civil Rights Act of 1964, and all laws and rules, relating to the<br />

Commonwealth's Equal Employment Opportunity program, and the Americans with Disabilities<br />

Act, the provisions of the aforementioned Orders, laws and implementing regulations shall prevail.<br />

Disputes regarding the application and implementation of the Orders, laws and<br />

implementing regulations shall be subject to arbitration.<br />

This provision does not constitute a waiver of rights under Act 195.<br />

ARTICLE 37<br />

GRIEVANCES AND ARBITRATION/STANDARD GRIEVANCE PROCEDURE<br />

Section 1. Where an employee has the right to process a grievance through either the<br />

procedure provided herein or through the Pennsylvania Civil Service Commission and files an<br />

appeal with the Commission, either the contract grievance procedure shall cease, if the employee<br />

has submitted a contract grievance, or the employee shall not be entitled to institute proceedings<br />

under the contract grievance procedure. If the appeal to the Commission is withdrawn by the<br />

employee or not accepted by the Commission within 15 working days of the date of the occurrence<br />

of the action giving rise to the grievance, the processing of a contract grievance filed within the<br />

time limits set forth in Section 2 shall be permitted.<br />

Section 2. Any grievance or dispute which may arise concerning the application, meaning or<br />

interpretation of this Agreement shall be settled in the following manner:<br />

STEP I. The employee, either alone or accompanied by the Union representative or<br />

the Union where entitled, shall present the grievance orally or in writing to the employee's<br />

immediate supervisor within 15 working days of the date of its occurrence, or when the employee<br />

knew or by reasonable diligence should have known of its occurrence. The supervisor shall<br />

attempt to resolve the matter and report a decision to the employee, orally or in writing, within 15<br />

working days of its presentation.<br />

71

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