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Sample Union Contract Language

General statement

The employer and the union agree that all employees have the right to a work environment free of and safe from domestic violence. Domestic violence, which may involve physical, psychological, economic violence or stalking, against a current or former intimate partner, is a widespread societal problem which must be prevented. The employer shall use early prevention strategies to avoid or minimize the occurrence and effects of domestic violence in the workplace and to offer assistance and a supportive environment to its employees experiencing domestic violence. In all responses to domestic violence, the employer shall respect employees’ confidentiality.

In order to help eliminate domestic violence and to assist employees who are affected by domestic violence both inside and outside the workplace, the employer shall complete the following tasks within six (6) months following the date of ratification of this contract:

  1. Distribute to all employees and post appropriate information concerning the nature of domestic violence, methods by which it may be prevented or eliminated, and avenues through which victims and/or perpetrators may seek assistance.

  2. Post on all management bulletin boards information about the National Domestic Violence Hotline and local resources.

  3. Provide the union with copies of the information noted in subsection [1] and [2] above for posting on union bulletin boards.

  4. Conduct training programs for employees, in conjunction with experts in the field of domestic violence and the union. The purpose of the training shall be to instruct the employees about the nature and effects of domestic violence, the impact of domestic violence on employees in the workplace, and sources for referrals for assistance. Employees shall also be trained on the provisions relating to domestic violence contained in this contract.

  5. Brief supervisory personnel on the problem of domestic violence and their role in identifying employees in need of referrals for assistance.

Leave time

Employees shall have the right to use sick leave, personal leave, annual leave, compensatory time, and any other paid leave for medical appointments, legal proceedings, or other activities related to domestic violence. Such absences shall not be counted against the employee under any attendance policy for disciplinary purposes, and may be taken without prior approval.

If all paid leave has been exhausted and additional periods of leave are needed to attend to medical, legal, or other matters related to domestic violence, the employees shall have the option of taking family and medical leave of up to twelve (12) weeks. The leave shall be unpaid, but the employer shall administer the leave in accordance with the federal Family and Medical Leave Act (FMLA), including but not limited to the FMLA’s provisions pertaining to health benefits and job reinstatement.

Transfers and work schedules

In order to provide assistance to an employee experiencing domestic violence and to provide a safe work environment to all employees, the employer shall make every effort to approve requests from employees experiencing domestic violence for transfers to other worksites and/or changes in work schedules.

Workplace safety

The employer shall, in conjunction with experts in the field of domestic violence and the union, undertake a review of all current security procedures to ensure inclusion of specific safety considerations and responses appropriate for employees experiencing domestic violence in their workplace. Based on the review, the employer and the union shall meet to reach a joint agreement on any changes which shall be made to the employer’s security procedures. Changes made to the security procedures shall be implemented within six (6) months following ratification of this contract.

Health insurance

The employer shall allow an employee who presents evidence that she/he is experiencing domestic violence to opt into the employer’s group health plan without regard to the plan’s open enrollment period, if such employee would otherwise be without health insurance or would be at increased risk of violence by remaining on their partner’s health plan. Evidence shall include, but not be limited to, a police report, medical report, statement of a counselor or other shelter staff, injunctive order, declaration of a witness, or the employee’s own signed statement.

Discipline

Section [1]

When an employee who is subject to discipline, including counseling, for work performance, attendance or any other reason, confides that she/he is experiencing domestic violence and provides some form of supporting documentation, such as a police report, medical report, statement of a counselor or shelter staff, injunctive order, a declaration of a witness, or the employee’s own signed statement, a referral for appropriate assistance shall be offered to the employee in lieu of disciplinary action and the disciplinary action shall be held in abeyance for six (6) months. In accordance with other provisions of the contract, the employee has the right to union representation in any and all discussions with the employer pertaining to this section.

The matter will be reviewed following the six-month period, and if the problem which initiated the disciplinary action has satisfactorily improved, any information pertaining to the discipline shall be removed from the employee’s personnel file. If the problem remains, the employer, the union, and the employee shall meet before the employer undertakes any disciplinary action.

Section [2]

Any employee who engages in domestic violence on the employer’s premises, during work hours, or at an employer-sponsored social event, may be subject to disciplinary action in accordance with this contract. The union shall be notified within two (2) working days of any potential disciplinary action under this section. In accordance with other provisions of this contract, the employee has the right to union representation in any and all discussions with the employer pertaining to this section.

Such employees shall also be referred to appropriate resources through the Employee Assistance Program (EAP) and/or other local resources.

Employee assistance plan

The employer’s EAP shall include professionals trained specifically in domestic violence and its potential impact on work performance.

Legal assistance plan

Within one (1) year following ratification of this contract, the employer shall make a legal assistance program available to employees. Assistance shall be available for general legal problems, including but not limited to, domestic violence. This program shall be developed jointly by the employer and the union prior to implementation.

 

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