AGREEMENT

THIS AGREEMENT is between the 30th Judicial Circuit Court / Family Division, hereinafter referred to as the "EMPLOYER" and the Office and Professional Employees International Union, Local 459, AFL-CIO, hereinafter referred to as the "UNION".

THIS AGREEMENT shall remain in force and effect through the 31st day of December, 2008.

PREAMBLE

THIS AGREEMENT, entered into by the parties, has as its purpose, the promotion of harmonious relations between the EMPLOYER and the UNION, 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 I

RECOGNITION

Section 1. The EMPLOYER hereby recognizes the UNION as the sole and exclusive bargaining agent for the purpose of collective bargaining pursuant to Public Act 379 of 1947 of Michigan, as amended, for all 30th Judicial Circuit Court / Family Division employees classified and compensated as professional employees, excluding managerial, supervisory, confidential, casual and all others.

ARTICLE II

NON-DISCRIMINATION

The parties shall not discriminate predicated upon age, height, weight, religion, physical handicap, sex, marital status, race, color, creed, national origin, political or union affiliation, or sexual preference, as required by law. All references to employees in this Agreement designates both sexes and wherever the male or female gender is used, it shall be construed to include male and female employees.

ARTICLE III

EMPLOYER RIGHTS

Section 1. The UNION recognizes that the EMPLOYER reserves and retains, solely and exclusively, all rights to manage and operate the EMPLOYER'S affairs.

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 UNION as being retained and reserved by the EMPLOYER.

Neither the constitutional 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 2. The EMPLOYER shall have, within its discretion, the right to make, amend, supplement or delete rules and regulations. However the UNION shall receive a copy of any new or modified rule or regulation ten (10) days prior to its effective date, unless conditions warrant necessary immediate implementation. Said rules shall be transmitted to the Human Resources Department for its review. If there is concern regarding the fairness of the rule or rule change, the UNION, may request a special conference between the UNION, 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.

If the UNION does not receive a copy of the new work rule or modification thereof as required above, the same shall not be binding upon the UNION, the employee, or the EMPLOYER.

Section 3. The Chief Judge Rule contained in the Court Rules shall be applicable, notwithstanding any contrary provisions contained in this Agreement.

ARTICLE IV

EMPLOYER SECURITY

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 UNION 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 UNION 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 V

DEFINITION OF EMPLOYEES

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 employee 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 employee's hours in lieu of layoff. Prior to layoff or reduction of hours, the EMPLOYER will meet with the UNION to discuss the layoff or reduction of hours for specific positions 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 work 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 will be considered a temporary employee and shall not attain seniority in the bargaining unit and shall be compensated by wages only, and shall not be covered by the provisions of this Agreement.

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 the regular employees after said ninety (90) days has terminated.

Such wages shall not exceed a rate of ten percent (10%) above the beginning salary 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. Intermittent Replacements/Casual/Substitute Employees. Employees who are not regularly scheduled to work, but are called to work by the EMPLOYER as a substitute or intermittent replacement for a regular full-time or part-time employee are not members of the collective bargaining unit and as such are not covered by the terms of this collective bargaining agreement.

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.

Section 3. An employee who is on a lay off, and is offered and accepts a special part-time, temporary and/or intermittent replacement, casual, or substitute employee assignment, shall be paid at the rate of pay on the salary schedule the employee received prior to layoff if it is in the same classification. Otherwise, that person shall be paid at the start rate of the particular job. Such employee shall not receive benefits unless that employee is replacing a regular employee on a leave of absence and that regular employee on the leave of absence is not receiving benefits. The EMPLOYER is not obligated to offer a laid off employee such an assignment to a special part-time, temporary and/or intermittent replacement, casual, or substitute employee position and laid off employees are not obligated to accept such an offer. An employee who declines such offer shall retain all other recall rights which they would otherwise have. The obligation of the EMPLOYER as stated above to provide insurance benefits is contingent upon the insurance carrier accepting the employee under the circumstances stated above. He/she shall not be covered under the terms of this agreement.

ARTICLE VI

CLASSIFICATION PLAN

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 learning. 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. Example of Administrative Professional classifications include: Appraiser, Public Health Sanitarian, and Juvenile Court Officer.

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.

Section 3. In the event that a new classification is proposed, the UNION shall be notified of the recommended salary prior to presentation to the Administrative Services/Personnel Committee. This notification shall include the criteria used to determine the EMPLOYER'S proposed salary.

If the UNION does not respond to the notice of the proposed rate within three (3) work days, the rate shall become effective upon approval by the Board of Commissioners. If the UNION disagrees with the above within three (3) work days by providing notice in writing, a meeting shall be scheduled within seven (7) work days with the Human Resources Director, and the UNION representative. If there is no resolution at the meeting, and the UNION alleges the rate is unreasonable, it may appeal to the County Services Committee and present evidence which the UNION believes pertinent. There shall be no appeal from the Administrative Services/Personnel Committee except if the Administrative Services/Personnel Committee's decision is changed by the Board of Commissioners, in which event, the UNION 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.

ARTICLE VII

SENIORITY

Section 1. Definition of Seniority. Except for layoffs, seniority shall be defined as the length of the employee's continuous length of service as an employee in any classification or Department with Ingham County or any Ingham County Courts and within any represented or non-represented unit. Continuous service is defined as that time actually spent on the active payroll of the EMPLOYER, plus approved leaves of absence periods, unless otherwise provided in this Agreement. The application of service and 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. Seniority for the purpose of layoff is defined in Article VIII, Section 8.

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 notice is made within the first six (6) months of employment to the UNION and the affected employee. An employee whose probation has been extended shall receive the economic benefits of a non-probationary employee.

B. The UNION shall not represent employees during the probationary period. UNION dues or representation fees shall not be paid during an employee's probationary period.

C. Employees disciplined, terminated or laid off during the probationary period shall not have recourse to the grievance procedure. Probationary employees can be terminated from employment with or without cause during the probationary period, except for age, height, weight, religion, physical handicap, sex, marital status, race, color, creed, national origin, political or union affiliation, or sexual preference, as required by law.

Section 3. Seniority Lists. The EMPLOYER shall prepare and maintain a list which shall list the name, date of hire and classification of each employee with seniority status. The EMPLOYER shall submit this list to the UNION on a quarterly basis. In addition, the parties have agreed on a list of employees’ classification dates which is attached to this agreement. The EMPLOYER will update this list upon reasonable request, not to exceed four (4) times per calendar year.

Section 4. Loss of Seniority/Employment. An employee shall lose his/her seniority and job for any of the following reasons:

A. He/she voluntarily resigns;

B. He/she is discharged for just cause and is not reinstated;

C. He/she retires;

D. He/she is laid off for a period of time greater than his/her seniority or thirty (30) months, whichever is less;

E. He/she is absent from work for three (3) consecutive work days without notification to the EMPLOYER and without acceptable excuse for not notifying the EMPLOYER;

F. He/she fails to return to work upon recall from layoff;

G. He/she fails to return to work after expiration of leave of absence;

H. He/she makes an intentionally false statement on his/her employment application, or on an application for leave of absence, or on any other employment record or form;

I. He/she is convicted, pleads guilty or no contest to a felony; or

J. Within the sole discretion of the Judge, if he/she is convicted or pleads guilty or no contest to a misdemeanor that results in sentenced jail time, excluding 1st OUIL.

ARTICLE VIII

LAYOFF

Section 1. Layoff Definition. In the event that a reduction in personnel and/or positions is necessary, as determined by the Ingham County Board of Commissioners, layoffs will be by positions (classification) within a department.

As a result of a position(s) being eliminated, as stated above, the employee in that position, within that classification, within a seniority group, within an employment status group, within a department, shall be laid off. The EMPLOYER shall determine which employment status groups shall be affected by the elimination of a position(s).

Section 2. There shall be no increase of regular scheduled hours for part-time or special part-time employees if a full-time employee is laid off in the same classification within the same department as a part-time or special part-time employee.

Section 3. Notice of Union.

A. In the event of a layoff, representative(s) of the EMPLOYER shall meet with the UNION prior to the effective date of the layoff, upon request by the UNION, to discuss possible alternatives to layoffs. Failure of the UNION to provide at least two (2) work day's notice of its desire to meet for the purpose stated above, shall absolve the EMPLOYER of its requirement to meet. The Human Resources Director shall notify the UNION as soon as practicable of final layoffs. However, nothing shall preclude the EMPLOYER from laying off employees.

B. The laid off employee and the UNION shall be given at least ten (10) work days' prior notice of the layoff. Notice will be given to the employee in writing or sent by certified mail to the employee's last known address in the personnel file. The requirements stated in this Section 3 shall not apply to employees being laid off due to being bumped.

Section 4. CETA¹ employees who have been transitioned to regular County funded positions, shall have their seniority date computed from their date of hire as a CETA employee, provided that the employee does not have a break in service.

Section 5. In the event of layoff, an employee may use accumulated vacation prior to receipt of unemployment compensation, provided said employee is entitled to the same.

Section 6.

A. An employee in a position which is funded in total or in part by a state and/or federal grant may be bumped as provided for hereunder, the same as regular funded County employees (same department, classification, seniority grouping, etc.), excluding CETA funded positions, unless the grant and/or regulations do not permit the same. CETA funded employees shall be laid off in compliance with federal regulations.

B. If a partial or total grant funded position is eliminated, other than CETA, due to termination of the grant or lack of funds in said grant, the grant employee may use his/her seniority to exercise his/her bumping rights, the same as regularly funded County employees, unless the grant and/or regulations promulgated in reference thereto do not permit the same.

Section 7. When a regular County funded employee position transfers to a grant funded position, seniority, for the purposes of layoff, shall be computed from the date of hire in the regular County funded position. Seniority time shall be continued while the employee is funded by the grant. However, if the employee could not be bumped by an employee with greater seniority because of the grant qualifications, then the employees shall only have seniority for layoff purposes during the period when he/she was on regular County funded employment.

Section 8. Seniority Groups.

A. Seniority groups are incorporated by reference into this Agreement pursuant to Attachment A. Any changes that are necessary will be negotiated between the EMPLOYER and the UNION.

B. Seniority, for the purpose of layoff or for the purposes of bumping within the same classification being reduced, is defined as the length of service the employee has in the classification (position) being reduced. 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.

Section 9. Leaves of Absence. Employees on an approved leave of absence may exercise their seniority, in the event there has been a layoff during the term of the employee's leave of absence, upon their return.

Section 10. Employment Status Group. Employment status groups are as follows:

Full-Time Part-Time Special Part-Time

Employees Employees Employees

a. CETA a. CETA a. CETA

b. Temporary b. Temporary b. Temporary

c. Probationary c. Probationary c. Probationary

d. Permanent d. Permanent d. Permanent

ARTICLE IX

BUMPING

Section 1. After a position has been eliminated, the employee occupying the eliminated position may exercise his/her bumping rights in the same seniority group, in the same employment status group, within the same department, under the following conditions.

A. The bumping employee cannot move into a position of a higher salary grade.

B. The bumping employee must have more seniority than the employee in the position who is to be bumped.

C. The bumping employee must possess the necessary ability (ability is defined as having sufficiency of knowledge, skill and personal inclination to perform the task of the position, these attributes having been attained by previous experience in related work or education) which will qualify the employee to perform the work adequately, with minimal instructions.

The foregoing provision shall not apply to temporary cases of layoff, not to exceed ten (10) work days.

Said employee must inform the EMPLOYER of his/her decision to bump within three (3) days from the date of receipt of the layoff notification.

Section 2. Seniority, for the purpose of bumping, is defined under Article VII, Section 1.

An employee exercising his/her bumping privileges shall be placed at the same step in the new position as they held in their previous position unless the bump exceeds two (2) grades, at which time the employee would be placed at the step which does not exceed a fifteen percent (15%) decrease in salary.

Section 3. The bumped employee shall have the same bumping rights as the laid off employee, seniority permitting, and must be given at least two and one-half (2- ½) work days' notification of his/her layoff due to being bumped.

Section 4. Notwithstanding anything in this Agreement to the contrary, employees shall not be able to bump between departments.

Section 5. Recall from Layoff. When opening occur in the same classification within the same seniority group and in the same employment status group in the same department from which employees have been laid off or bumped, such employees will be recalled to the same classification in the same department and in the same seniority groups in the order of their seniority.

Failure to accept recall to a lower salary grade within the same seniority group shall constitute a waiver to recall and a voluntary resignation. A recalled employee who accepts a position at a lower salary grade shall have secondary recall rights to his/her former position for a period of time equal to his/her seniority or thirty (30) months, whichever is less.

Section 6. When a new or open position occurs in a seniority group in a department in a classification from which no employees have been laid off, employees with seniority in the bargaining unit in the same classification, on layoff from a different department, shall be recalled in order of their seniority for said new or open position, provided:

A. He/she has completed his/her probationary period; and

B. He/she has the appropriate training and skills to perform the duties of said position; and

C. The new or open position is within the same classification as the laid off employee.

Notwithstanding anything is this Agreement to the contrary, the recalled employee will be on probation for a period of ninety (90) days. If, within the sole discretion of the elected official or department head, or their designees, the recalled employee cannot and does not satisfactorily perform the duties of said position, he/she shall return to a laid off status upon three (3) days prior notice. Said decision shall not and is not subject to any grievance procedure provided for in this Agreement.

Section 7. Recalled employees must return to work within five (5) work days of receipt of the notice of recall. Failure to return within five (5) work days constitutes voluntary resignation.

Section 8. Employees on layoff shall notify the Human Resources Department of their current address within seventy-two (72) hours of layoff and immediately subsequent thereto of any change of address in order to afford the Human Resources Department the ability to notify said employee of recall. Failure to do so by the employee shall constitute a waiver by the employee of the employee's right to recall.

It is expressly understood and agreed that the maximum liability of the EMPLOYER for failure to recall an employee is thirty (30) days. The EMPLOYER will also send notice of the recall to the UNION by first class mail.

Section 9. Employees covered under the Professional grouping, as stated in this Agreement, shall not have seniority rights, bumping rights or layoff rights in the Technical, Office, Paraprofessional and Service grouping or contract or in any other employee grouping.

Section 10. Notwithstanding any other provisions contained in the Agreement to the contrary, the personal staff of the Judges shall constitute separate seniority grouping per Court, into which no other employees in the same or similar classifications may exercise their bumping rights and no personal staff shall be allowed to bump, in the event of layoff, to another classification. Personal staff within the Circuit Court / Family Division is defined as: Court Reporter.

ARTICLE X

HOURS OF WORK

Section 1. Work Schedule. Those employees who work on shifts shall be subject to a work schedule. A schedule will be posted once every twenty-eight (28) days indicating the normal workday of every member of the department. Said schedule shall be posted at least five (5) days prior to its effective date.

Section 2. Jury Duty. The EMPLOYER shall pay an employee called for jury duty his/her regular straight time rate he/she would earn if working, less an amount equal to the payment received for jury service. An employee excused with two (2) or more hours remaining in their work schedule must return to work for the balance of the day to receive compensation from the EMPLOYER. In order to receive payment, an employee must give the EMPLOYER at least two (2) days' prior notice that he/she has been summoned for jury duty, shall furnish satisfactory evidence that he/she reported for or performed jury duty on the day(s) for which he/she claims such payment, and must furnish a copy of the payments received from such jury duty.

Section 3. Work Breaks. Each employee shall be allowed to have two (2) work breaks during the work day. No more than one (1) work break may be taken before lunch. No more than one (1) work break may be taken after lunch on any one day. The duration of said break shall not exceed fifteen (15) minutes in length. A supervisor may require employees to take their breaks at specific times. Each employee shall be allowed a one (1) hour lunch break between the hours of 11:30 a.m. and 1:30 p.m., unless another arrangement is agreed upon by the employee and the department head or the immediate supervisor if the department head is not available. Work breaks do not accumulate if not taken.

Section 4. Court Time. When an off duty employee is required to spend two (2) hours or less in court, he/she shall receive the court paid witness fee; when an off duty employee is required to spend more than two (2) and up to four (4) hours in court, he/she shall receive the difference between the witness fee and $15.00; when an off duty employee is required to spend more than four (4) hours in court, he/she shall receive the difference between the witness fee and $27.50. Such time spent in court shall include time excused for lunch if the employee is required to return to court. Mileage that may be paid by the court will be considered separate payment and will not be included in the $15.00 or $27.50 total payment specified above. However, said employee shall not be paid mileage by the EMPLOYER. Said payment shall be made only when an employee is required to attend court for a work related incident. When an employee is on vacation and is called into court under this Section, said employee shall not lose vacation time for time spent in court.

Section 5. Call Back. Employees covered hereby who are called back to work preceding their normal shift or after the end thereof shall receive two (2) hours minimum payment at the rate of time and one-half their regular rate of pay for call back. However, this section only applies when an employee has left the premises of the EMPLOYER and is subsequently called back to work.

Section 6. Overtime. Positions of employment covered by this Agreement are professional and sometimes require some incidental uncompensated overtime. Work performed in preparation for subsequent activities, beyond forty (40) hours per week, shall not be compensated for, such as, but not limited to, preparation of the next day's activities. Specific overtime is that time worked beyond forty (40) compensated hours in seven (7) consecutive days that is authorized in advance by the department head to be worked. An employee shall be compensated within ninety (90) days for specific overtime worked at the rate of time and one-half, be it in money or in time off as agreed between the employee and the department head. However, if the budgetary circumstances or the department require, the employee shall have to take time off. Complete records of overtime shall be reported each payroll period to the Payroll Department. Any compensatory hours accumulated beyond eighty (80) hours shall be paid off monetarily subsequent to December 31 of each year.

Section 7. On Call. When an employee is directed to be on call by his/her department head or supervisor and said employee is required to leave their home to conduct County business, this time shall be considered as time worked. The same shall be entered upon the time card of said employee and shall be compensated for as stated in Section 6 (Call Back) of this Article.

An employee on call for a two (2) day weekend will be entitled to eight (8) hours of comp time at straight time, to be taken by the employee with the approval of the department head.

An employee on call for a three (3) or more day weekend will be entitled to sixteen (16) hours of comp time at straight time, to be taken by the employee with the approval of the department head.

The above-stated time shall only be given if the employee is compensated for more than forty (40) hours in said week.

Section 8. Change in Work Schedule. The EMPLOYER may, if it so desires, institute a four (4) day, ten (10) hour day work week. The EMPLOYER agrees to call a special conference with the UNION prior to instituting a four (4) day, ten (10) hour week.

ARTICLE XI

JOB OPENING AND TEMPORARY ASSIGNMENT

Section 1. Job Openings. In the event of a newly created position or an opening in a vacated position, employees in the bargaining unit shall have an opportunity to apply by adhering to the normal EMPLOYER'S procedure. Applications will be kept on file for a period of six (6) months and will be considered for additional openings within that period at the applicant's written request. Qualified bargaining unit members will be given consideration for the openings, and will be interviewed by the Human Resources Department. Other qualified applicants will be given consideration for the openings.

Section 2. Temporary Assignment. An employee who is temporarily assigned to perform a majority of his/her duties and responsibilities in a position of a higher salary grade for more than five (5) consecutive work days shall be paid at the lower rate in the higher grade which is at least five percent (5%) above his/her regular rate. An employee so assigned shall advance within that grade on the same basis as other employees within that grade.