SIGNATURE COPY
July 11, 2006
_________________________________________
_________________________________________
A G R E E M E N T
Between
INGHAM COUNTY
and
INGHAM COUNTY EMPLOYEES' ASSOCIATION
for their
PROFESSIONAL EMPLOYEES
__________________________________________
__________________________________________
January 1, 2006, through December 31, 2008
TABLE OF CONTENTS
AGREEMENT 1
PREAMBLE 2
ARTICLE 1 - RECOGNITION 3
Section 1 - Unit Recognition 3
Section 2 - Exclusions 3
Section 3 - Other Agreements 3
ARTICLE 2 - NONDISCRIMINATION 4
Section 1 - Employer's Pledge 4
Section 2 - Association's Pledge 4
Section 3 - Gender 4
Section 4 4
ARTICLE 3 - EMPLOYER RIGHTS 5
Section 1 - Right to Manage 5
Section 2 - Retention of Rights 5
Section 3 - Constitutional/Statutory Rights 5
Section 4 - Rules and Regulations 5
Section 5 - Notice of Requirement 5
ARTICLE 4 - EMPLOYER SECURITY 6
Section 1 6
ARTICLE 5 - DEFINITION OF EMPLOYEES 7
Section 1 - Definitions 7
Section 2 - Contracted Benefits 11
ARTICLE 6 - CLASSIFICATION PLAN 12
Section 1 12
Section 2 12
Section 3 12
Section 4 13
Section 5 13
ARTICLE 7 - SENIORITY 14
Section 1 - Definition of Service/Seniority 14
Section 2 - Probationary Period 14
Section 3 - Seniority List 15
Section 4 - Loss of Seniority/Employment 15
ARTICLE 8 - LAYOFF 16
Section 1 - Layoff Definition 16
Section 2 - Consultation/Notice 16
Section 3 - Layoff Procedure 16
Section 4 - CETA and JTPA Employees 17
Section 5 - Use of Accumulated Vacation 17
Section 6 - Grant-Funded Positions 17
Section 7 - Transfer of County-Funded Position to Grant-Funded Position 17
Section 8 - Seniority Groups 18
Section 9 - Leaves of Absence 18
ARTICLE 9 - BUMPING AND RECALL 19
Section 1 - Bumping 19
Section 2 - Seniority 20
Section 3 - Pay Level 20
Section 4 - Notice of Layoff Due to Being Bumped 20
Section 5 - Bumping Between Departments Prohibited 20
Section 6 - Referrals to Other County or Court Positions 20
Section 7 - Recall Procedure to the Same Department and Seniority Group 20
Section 8 - Recall Procedure to Another Department 21
Section 9 - Notice of Recall 21
Section 10 - Seniority 21
ARTICLE 10 - HOURS OF WORK 23
Section 1 - Work Schedule 23
Section 2 - Jury Duty 23
Section 3 - Work Breaks 23
Section 4 - Special Exemptions 23
Section 5 - Court Time 23
Section 6 - Call Back 24
Section 7 - Overtime 24
Section 8 - On Call 24
Section 9 - Change in Work Schedule 24
ARTICLE 11 - JOB OPENING AND TEMPORARY ASSIGNMENTS 25
Section 1 - Job Openings 25
Section 2 - Temporary Assignment 25
Section 3 - Career Ladder Promotions 25
Section 4 26
Section 5 - Sanitarians 26
ARTICLE 12 - GRIEVANCE PROCEDURE FOR DISCHARGE OR DISCIPLINE 28
Section 1 28
Section 2 - General 28
Section 3 28
Section 4 - Time Limits 31
Section 5 - Expedited Grievances 31
Section 6 - Witnesses 31
ARTICLE 13 - ELECTION OF REMEDIES 32
Section 1 32
Section 2 32
ARTICLE 14 - DISCIPLINE 33
Section 1 - Purpose 33
Section 2 - Application 33
Section 3 33
ARTICLE 15 - ASSOCIATION 34
Section 1 - Bulletin Boards 34
Section 2 - Stewards 34
Section 3 - Notice of Representatives 35
Section 4 - Personnel File 35
Section 5 - Special Meetings 35
Section 6 - Bargaining Committee 36
Section 7 - Executive Board Time Off 36
Section 8 - Correspondence 37
ARTICLE 16 - ASSOCIATION SECURITY AND CHECKOFF 38
Section 1 38
Section 2 38
Section 3 - Agency Shop 38
Section 4 - Continued Employment 39
Section 5 - Notice of New Hires 40
ARTICLE 17 - HOSPITALIZATION - MEDICAL COVERAGE 41
Section 1 41
Section 2 44
Section 3 44
Section 4 44
Section 5 44
Section 6 44
Section 7 45
Section 8 45
Section 9 45
Section 10 - Health Care Cost Containment Committee 45
Section 11 - Domestic Partner Insurance 46
ARTICLE 18 - LIFE INSURANCE 47
Section 1 47
Section 2 47
Section 3 47
Section 4 47
ARTICLE 19 - HOLIDAYS 48
Section 1 48
Section 2 48
Section 3 48
Section 4 48
Section 5 49
Section 6 49
Section 7 49
Section 8 49
Section 9 49
ARTICLE 20 - VACATION 50
Section 1 - Schedule 50
Section 2 - Use 50
Section 3 - Maximum Accumulation 50
Section 4- Absence 50
Section 5 - Schedule of Vacations 50
Section 6 - Records 50
Section 7 - Payment of Unused Vacation Hours 51
Section 8 - Vacation Bonus Days 51
Section 9 - Three-Quarter and Part-Time Employees 51
ARTICLE 21 - LEAVES OF ABSENCE 52
Section 1 - Sick Leave 52
Section 2 - Maximum Accumulation 52
Section 3 - Purpose 52
Section 4 - Notice 52
Section 5 - Minimum Increments 52
Section 6 - Family Illness 52
Section 7 - Proof of Illness 52
Section 8 - Payment for Sick Leave 52
Section 9 - Transfer of Sick Leave 52
Section 10 - Cash-Out Upon Separation 53
Section 11 - Annual Cash-Out Option 53
Section 12 - Medical Dispute 53
Section 13 - Compassionate (Funeral) Leave 53
Section 14 - Special Leaves 54
Section 15 - Association Notice 55
Section 16 - Sick Time Donation 55
Section 17 55
ARTICLE 22 - DISABILITY PLAN 56
Section 1 56
Section 2 56
Section 3 56
ARTICLE 23 - LONGEVITY PLAN 57
Section 1 57
Section 2 57
Section 3 58
Section 4 58
Section 5 58
Section 6 58
Section 7 58
ARTICLE 24 - RETIREMENT 60
Section 1 60
Section 2 60
Section 3 61
Section 4 61
Section 5 61
Section 6 61
Section 7 62
Section 8 62
Section 9 62
Section 10 - Benefit Improvements 62
ARTICLE 25 - TRAVEL ALLOWANCE 63
Section 1 - Parking Allowance 63
Section 2 - Mileage Allowance 63
Section 3 - Automobile Insurance 63
Section 4 - Conferences, Conventions, or Seminars 64
Section 5 - Advance Payment 65
Section 6 65
ARTICLE 26 - PAST PRACTICE AND OTHER AGREEMENTS 66
Section 1 66
Section 2 66
ARTICLE 27 - SAVINGS CLAUSE 67
Section 1 67
ARTICLE 28 - SALARIES AND COST OF LIVING 68
Section 1 - Salaries 68
Section 2 - Overpayments 70
ARTICLE 29 - DENTAL INSURANCE 76
Section 1 76
Section 2 76
Section 3 76
ARTICLE 30 - HEALTH AND SAFETY 77
Section 1 77
ARTICLE 31 - ADMINISTRATIVE LEAVE POLICY 78
Section 1 78
Section 2 78
Section 3 78
Section 4 79
ARTICLE 32 - WORKER'S COMPENSATION 80
Section 1 80
Section 2 - Use of Accumulated Sick Leave When on Worker's Compensation 80
ARTICLE 33 - I.R.S. SECTION 125 81
ARTICLE 34 - TAX RATE ON SEPARATE CHECKS 82
ARTICLE 35 - SEVERABILITY CLAUSE 83
ARTICLE 36 - VISION INSURANCE 84
Section 1 84
ARTICLE 37 - FAMILY AND MEDICAL LEAVE ACT 85
Section 1 - Family and Medical Leave 85
ARTICLE 38 - EXPIRATION CLAUSE 86
SENIORITY GROUPS A-1
COUNTY PROFESSIONAL EMPLOYEES B-1
THIS AGREEMENT is entered into this ____ day of _______, A.D., 2006, between the COUNTY OF INGHAM, a municipal body corporate of the State of Michigan, and the Ingham County Prosecuting Attorney, Ingham County Clerk, Ingham County Register of Deeds, Ingham County Treasurer, Ingham County Drain Commissioner, and Ingham County Sheriff, hereinafter referred to as the "EMPLOYER", and the INGHAM COUNTY EMPLOYEES ASSOCIATION, hereinafter referred to as the "ASSOCIATION".
THIS AGREEMENT shall remain in force and effect commencing the 1st day of January, 2006, through the 31st day of December, 2008.
THIS AGREEMENT, entered into by the parties, has as its purpose, the promotion of harmonious relations between the EMPLOYER and the ASSOCIATION, the establishment of an equitable and peaceful procedure for the resolution of differences and the establishment of rates of pay, hours of work and other specified conditions of employment.
The parties encourage to the fullest degree, friendly and cooperative relations between the respective representatives of all levels.
ARTICLE 1
Section 1. Unit Recognition. The EMPLOYER hereby recognizes the ASSOCIATION, pursuant to Case No. R86 H-287 of the Employment Relations Commission, State of Michigan, Department of Labor, in the Unit described below, as the exclusive representative for the purpose of collective bargaining and that pursuant to Sections 11 and 12 of Act 336 of the Public Acts of 1947, as amended, that said ASSOCIATION is the exclusive representative of all of the employees in such unit for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment and other conditions of employment:
A. Unit Description. All employees classified as Professional employees, but excluding Professional employees certified by MERC to be represented by another bargaining agent, and confidential, executive, managerial, and supervisory employees as defined by MERC and identified as such by the EMPLOYER, and covered under the Personnel Manual.
Section 2. Exclusions. All those positions unclassified or classified as stated in this Agreement shall be represented by the ASSOCIATION for the purposes of collective bargaining, provided the above-stated exclusions shall supersede any questions of representation.
Section 3. Other Agreements. The EMPLOYER agrees that during the life of this Agreement it will not enter into any agreement with employees individually or collectively which conflicts with or are contrary to the terms of this Agreement without negotiating with the ASSOCIATION.
ARTICLE 2
Section 1. EMPLOYER'S Pledge. The EMPLOYER, while engaging in hiring, promoting, advancing, or assigning to jobs, or any other term or condition of employment agrees not to discriminate because of race, height, weight, age, color, national origin, religious affiliation, sex, sexual orientation, marital status, membership or activity on behalf of the ASSOCIATION, or participation in the grievance procedure.
Section 2. ASSOCIATION'S Pledge. The ASSOCIATION agrees that, with regard to membership, representation or ASSOCIATION activity, it will not discriminate for any of the reasons set forth above.
Section 3. Gender. References to the feminine gender may refer to the masculine gender or vice versa.
Section 4. Nothing in this Agreement shall be construed to limit the EMPLOYERS' ability to comply with State or Federal civil rights requirements, including compliance with any accommodations requirements under the Michigan Handicappers Act or the Americans With Disabilities Act; and/or any State or Federal judicial or administrative orders directing compliance with an applicable State or Federal civil rights law or regulation.
ARTICLE 3
Section 1. Right to Manage. The ASSOCIATION recognizes that the EMPLOYER reserves and retains, solely and exclusively, all rights to manage and operate the EMPLOYER'S affairs.
Section 2. Retention of Rights. All rights, functions, powers and authority which the EMPLOYER has not expressly and specifically abridged, amended, delegated or modified by this Agreement are recognized by the ASSOCIATION as being retained and reserved by the EMPLOYER.
Section 3. Constitutional/Statutory Rights. Neither the Constitution nor the statutory rights, duties and obligations of the EMPLOYER shall in any way whatsoever be abridged unless specifically provided for under the terms of this Agreement.
Section 4. Rules and Regulations. The EMPLOYER shall have, within its discretion, the right to make, amend, supplement or delete rules and regulations. However the ASSOCIATION (Local President, General Counsel and Business Agent) shall receive a copy of any new or modified rule or regulation ten (10) days prior to its effective date, unless conditions warrant necessary and immediate implementation. Said rule shall be transmitted to the Human Resources Office for its review. If there is concern regarding the fairness of the rule or rule change, the ASSOCIATION (Local President, General Counsel and/or Business Agent) may request a special conference between the ASSOCIATION, a representative of the Human Resources Department, and the Department Head, or his/her representative, to discuss the reasonableness of the rule. In no case will the rule change or new rule become subject to the grievance procedure.
Section 5. Notice of Requirement. If the ASSOCIATION does not receive a copy of the new work rule or modification thereof as required above, the same shall not be binding upon the ASSOCIATION, the employee, or the EMPLOYER.
ARTICLE 4
Section 1. The parties hereto mutually recognize that the services performed by the employees covered by this Agreement are essential to the public health, safety and welfare. The ASSOCIATION agrees that there shall be no interruption of these services, for any cause whatsoever, by the employees it represents, nor shall there be any concerted failure by them to report for duty, nor shall they absent themselves from their work, stop work or abstain in whole or in part from the full, faithful and proper performance of the duties of their employment, or picket on the EMPLOYER'S premises.
The ASSOCIATION further agrees that there shall be no strikes, sit-downs, slowdowns, stay-ins, stoppages of work, or any act that interferes in any manner or to any degree with the services of or to the EMPLOYER.
ARTICLE 5
Section 1. Definitions. The terms "employee" and "employees", when used in this Agreement, shall refer to and include only those regular, full-time employees and part-time employees who have completed their probationary period as set forth in this Agreement and who are employed by the EMPLOYER in the collective bargaining unit described hereunder. For purposes of this Agreement, the following definitions shall be applicable:
A. Full-Time Employees: Employees regularly scheduled to work forty (40) hours per week shall be considered as regular, full-time employees. A regular, full-time employee shall be entitled to the benefits under this Agreement except where otherwise indicated.
B. Three-Quarter-Time Employees: Employees regularly scheduled to work between thirty (30) and thirty-nine (39) hours weekly shall receive the following:
1) Vacation, vacation bonus, sick leave, funeral leave and holiday pay on a prorated basis.
2) Cost of living at one-half the rate that full-time employees are eligible to receive.
3) Dental coverage the same as full-time employees are eligible to receive.
4) Overtime compensation, but only if said employees work over forty (40) hours per week.
5) Said employees shall not receive overtime compensation if they work over eight (8) hours in any one given day.
6) Said employees shall also be eligible to receive two-person hospitalization insurance coverage paid by the EMPLOYER.
7) Retirement benefits where eligible on a prorated basis in proportion to their work schedule.
Notwithstanding anything in this Agreement to the contrary, the parties agree that effective January 1, 1983, the EMPLOYER may reduce full-time employees' hours in lieu of layoff. Prior to layoff or reduction of hours, the EMPLOYER will meet with the ASSOCIATION to discuss the layoff or reduction of hours for specific program sub-units within a department(s) and possible alternatives.
The affected employee(s) shall have the option to accept the reduced hours position. If the affected employee(s) declines the reduced hours position, then, under those circumstances the EMPLOYER may fill that position with another person and the affected employee shall be laid off.
Except as stated above, when full-time employees are laid off, there shall be no new additional positions added for three-quarter-time, part-time or special part-time employees in the same classification in the same department as the laid off full-time employee.
C. Part-Time Employees: Employees who are regularly scheduled to work less than full-time, but at least half-time (20 hours per week up to and including 29 hours per week) shall be classified as regular, part-time employees. They shall:
1) Be paid for their hours worked at the regular rate of their salary grade.
2) Receive overtime pay on the same basis as three-quarter time employees.
3) Receive vacation, vacation bonus, sick leave, holiday pay, funeral leave and a cost of living allowance at one-half the rate that full-time employees are eligible to receive.
4) Receive health insurance at the single subscriber rate.
5) Receive dental coverage the same as full-time employees are eligible to receive.
6) Retirement benefits where eligible on a prorated basis in proportion to their work schedule.
D. Special Part-Time Employees: An employee regularly scheduled to work nineteen (19) hours or less per week shall be considered a special part-time employee. Such employees shall be compensated by wages only, and shall not be covered by the provisions of this Agreement.
E. Temporary Employees: An employee who is hired for a period of six (6) months or less to augment the work force will be considered a temporary employee and shall not attain seniority in the bargaining unit and shall be compensated by wages only.
This period may be extended for an additional ninety (90) days, provided the temporary employee is not used to displace a regular employee who is on layoff status. Should the ninety (90) day extension be exceeded, the employee shall be eligible for fringe benefits afforded to regular employees after said ninety (90) days has terminated.
Such wages shall not exceed a rate of ten percent (10%) above the beginning rate for that position. If a temporary employee is eventually hired into a posted regular position, the normal hiring procedures will be followed to determine the regular compensation rate.
F. Substitute Employees: An employee who is hired to replace an employee on a leave of absence or on worker's compensation shall be considered a substitute employee and shall not attain seniority in the Unit and shall be compensated by wages only. These employees may be retained for the duration of the regular employee's absence.
Such wages shall not exceed a rate of ten percent (10%) above the beginning salary rate for that position. If a substitute employee is eventually hired into a posted regular position, the normal hiring procedures will be followed to determine the regular compensation rate.
G. Shared-Time Employees:
1. Definition. A full-time/shared time position is a position in which two employees share one full-time job.
2. Creation of a Full-Time/Shared Position.
(a) The employee in the full-time position may request that the position become a shared position by making the request of his/her supervisor and notifying the appropriate bargaining unit representative.
(b) Approval of the supervisor and the appropriate department head and/or elected official must be obtained before a position can be converted to a shared position.
(c) Final approval for shared positions originates from the Ingham County County Services Committee per Resolution #80-355.
(d) The creation of a full-time/shared position to replace a vacant full-time position must be agreed upon by the bargaining unit involved and the County Services Committee.
3. Continuation and Review of Full-Time/Shared Positions.
(a) The supervisor will determine the duration of the shared position based on departmental needs.
(b) A review of the shared positions will be conducted by the County and the appropriate bargaining units at the time of the expiration of the current collective bargaining agreement to determine if it is feasible to create alternative shared positions.
4. Shared Work Schedule. The work schedule will be determined by the supervisor for the shared positions in a manner to attempt to accommodate the employees, as well as the needs of the department.
5. Reversibility.
(a) The County Services Committee may convert, at its discretion, the previously designated shared position back to a full-time position which would be filled through regular County employment procedures.
(b) In the event that one of the partners in a shared position leaves the position, one of the following options may occur:
1) The remaining employee may continue to share the position and the other half would be filled through regular County employment procedures.
2) Should it be determined by the Administrative Service/Personnel Committee that the position will be converted to full-time, it will be filled through regular County employment procedures.
6. Limits. There will be a total limit of ten (10) full-time/shared positions under the ICEA.
7. Longevity.
(a) Full-time employees who are placed in shared positions are eligible for a pro rata share of longevity, provided they meet the other longevity requirements as outlined in the collective bargaining agreement.
(b) Payment of longevity to two shared-time employees will not exceed the total amount which otherwise would have been paid to a full-time employee in that position.
8. Fringe Benefits. Full-time/shared-time employees shall receive the same fringe benefits as part-time employees except longevity which shall be paid as above based upon the number of hours they work, as stated in Article 5, Section 1(C).
9. Layoff and Bumping. In case of a reduction in force, employees in a full-time/shared position will not be eligible to bump an employee in a full-time position, regardless of seniority.
10. Term. The Shared-Time Employee Program shall remain in force and effect for the duration of this contract.
Section 2. Contracted Benefits. Notwithstanding the above provisions, no benefits shall be afforded to any employee when the EMPLOYER'S contractual arrangement with a third party for said benefits do not permit coverage of said employees.
ARTICLE 6
Section 1. The EMPLOYER has recognized three distinctive groups of jobs based upon similar training and skills required, as well as other qualities providing them with a community of associated interests. This Agreement covers the bargaining unit of most Professional positions, and excludes managerial/supervisory, confidential, technical, office, paraprofessional and service, supervisory jobs and positions which are not of a professional nature.
Professional jobs fall into one of two groups -- the "Technical Professionals" and the "Administrative Professionals". Technical Professionals are those whose jobs require them to spend the majority of their time performing duties which require knowledge of an advance type in a field of science or learnings. Such knowledge is normally obtained by a prolonged course of specialized intellectual instruction and study as distinguished from a general academic education, an apprenticeship, or from training in the performance of routine mental, manual, or physical processes. In addition, Technical Professionals must (a) consistently exercise discretion and independent judgment, and (b) do work that is mainly intellectual and varied as opposed to that which is mechanical or routine. Examples of Technical Professional classifications include: Engineer, Psychologist, and Veterinarian.
Administrative Professionals are those whose jobs require them to spend the majority of their time in responsible, mental work which is directly related to the carrying on of County programs or policies. Such employees must (a) customarily and regularly exercise discretion and independent judgment, and (b) have the authority to make decisions which could have a significant impact on the financial, public, and/or employee relations posture of the County. Examples of Administrative Professional classifications include: Appraiser, Public Health Sanitarian, and Child Welfare Worker.
Section 2. The classification plan for Professional positions shall consist of the classes listed in this Agreement, with new positions included as may be recommended by the County Services Committee and approved by the Board of Commissioners. Future reclassifications for current professional positions shall be through the negotiation process for a successor agreement, unless the parties jointly agree otherwise.
Section 3. In the event that a new classification is proposed, the ASSOCIATION Local President, ASSOCIATION Counsel's Office, Business Agent, and Chief Steward shall be notified of the recommended salary prior to presentation to the County Services Committee. This notification shall include the criteria used to determine the EMPLOYER's proposed salary.
If the ASSOCIATION does not respond to the notice of the proposed rate within six (6) work days, the rate shall become effective upon approval by the Board of Commissioners. If the ASSOCIATION disagrees with the above within six (6) work days by providing notice in writing, a meeting shall be scheduled within seven (7) work days with the Human Resources Director, the ASSOCIATION Local President, Chief Steward and ASSOCIATION attorney. If there is no resolution at the meeting, and the ASSOCIATION alleges the rate is unreasonable, it may appeal to the County Services Committee and present evidence which the ASSOCIATION believes pertinent. There shall be no appeal from the County Services Committee except if the County Services Committee's decision is changed by the Board of Commissioners, in which event, the ASSOCIATION has the right to seek an arbitrator's decision within ten (10) work days, under the Rules of the American Arbitration Association.
Section 4. Disputes as to whether a new classification should be in or out of the bargaining unit shall be resolved by the Michigan Employment Relations Commission in accordance with its applicable administrative procedure.
Section 5. The parties also recognize that the classification plan may be changed through an EMPLOYER-initiated reorganization or restructuring which results in substantial changes in classification responsibilities. In such situations, the parties agree to bargain over the impact of the substantial changes in classification responsibilities.
ARTICLE 7
Section 1. Definition of Service/Seniority.
A. Service, for economic and fringe benefit purposes, shall mean the status attained by continuous length of service as an employee within Ingham County, County Court employment. Continuous service is defined as that time actually spent on the active payroll of the EMPLOYER (Ingham County and County Court) plus approved leaves of absence period, unless otherwise provided in this Agreement.
B. Seniority, shall mean the length of time within the employ of Ingham County or the various County Courts, excepting the length of time spent in a bargaining unit represented by the UAW.
C. The application of seniority shall be limited as applied to the terms and conditions contained in this Agreement. Employees who are hired on the same date shall be placed on the seniority list as determined by adding up all of the numbers of the employee's social security number, the highest having the greatest seniority. Each number shall be considered as a single number.
D. It is agreed by and between the parties that all employees within the bargaining unit as of January 23, 1996 shall have service and seniority as though they had been in the ICEA bargaining unit from their original date of hire with the EMPLOYER (Ingham County and County Courts), notwithstanding Section 1(B) above.
E. For the purpose of this Section, "County Courts" shall mean the 55th Judicial District Court, the 30th Judicial Circuit Court/Court of Claims and the Ingham Probate Court.
Section 2. Probationary Period.
A. New employees hired shall be considered probationary employees for the first six (6) months of their employment. Unpaid absences from work in excess of ten (10) work days shall extend the probationary period accordingly. Upon completion of this probationary period, the employee shall acquire seniority dated back six (6) months from the date he/she completed the probationary period. The probationary period may be extended once for not more than ninety (90) calendar days, provided that a written evaluation of the employee's performance is made within the first six (6) months of employment and upon written notice to the ASSOCIATION Local President and the affected employee.
B. The ASSOCIATION shall not represent employees during the probationary period. ASSOCIATION dues or representation fees shall not be paid during an employee's probationary period.