THE CITY OF WEST LINN

and

THE CITY OF WEST LINN EMPLOYEES

LOCAL 350‑1, COUNCIL75

American Federation of State, County and Municipal Employees

AFL-CIO

 

 

 

JULY 1, 2005

through

JUNE 30, ____


Table of Contents.............................................................................................................. 2

Preamble............................................................................................................................ 4

Article 1.     Recognition.................................................................................................... 4

Article 2.     Fair Share/Dues and Payroll Deductions.................................................. 4

Article 3.     Management Rights..................................................................................... 5

Article 4.     Grievance Procedure.................................................................................... 6

Article 5.     Personnel File................................................................................................ 8

Article 6.     Posting and Filling of Vacancies.................................................................. 9

Article 7.     Hours of Work................................................................................................ 9

Article 8.     Seasonal Employee..................................................................................... 10

Article 9.     Job Sharing................................................................................................... 10

Article 10.      Overtime/Compensatory Time/Call Back........................................... 11

Article 11.       Seniority and Probation Period............................................................... 13

Article 12.      Layoff - Recall........................................................................................... 13

Article 13.      Working Out of Classification................................................................. 15

Article 14.      Protective Clothing................................................................................... 15

Article 15.      Drug and Alcohol Testing Policy........................................................... 16

Article 16.      Vacations................................................................................................... 16

Article 17.      Holidays.................................................................................................... 17

Article 18.      Sick Leave................................................................................................. 18

Article 19.      Workers Compensation........................................................................... 19

Article 20.      Insurance.................................................................................................. 20

Article 21.      Retirement................................................................................................ 22

Article 22.      Bulletin Boards......................................................................................... 22

Article 23.      Stewards.................................................................................................... 22

Article 24.      Bereavement Leave................................................................................. 23

Article 25.      Military Leave with Pay........................................................................... 23

Article 26.      Other Leaves............................................................................................ 23

Article 27.      Discipline and Discharge........................................................................ 24

Article 28.      Wages........................................................................................................ 25

Article 29.      Existing Practices.................................................................................... 26

Article 30.      Stand-by.................................................................................................... 26

Article 31.      Safety......................................................................................................... 27

Article 32.      Savings Clause.......................................................................................... 27

Article 33.      Waiver and Scope of Bargaining............................................................. 27

Article 34.      Term of Agreement................................................................................. 28


 

This Agreement is entered into between the City of West Linn, Oregon, hereinafter referred to as the "City" and the City of West Linn Employees Local 350‑1, Council 75 of the American Federation of State, County and Municipal Employees, AFL‑CIO, hereinafter referred to as the "Union". The purpose of this Agreement is to set forth the full and complete Agreement between the parties on matters relating to employment relations.

1.1.   The City recognizes the Union as the sole and exclusive bargaining agent for the purpose of establishing salaries, wages, hours, and other conditions of employment for all regular full-time and part-time employees working (20) hours or more per week for the City; excluding supervisory and confidential employees; employees in the police bargaining unit; seasonal and temporary employees.

1.2.   A full‑time regular employee shall be defined as any employee scheduled and budgeted on a continuous basis to work full-time. A part‑time regular employee shall be defined as any employee regularly scheduled and budgeted on a continuous basis to work twenty (20) hours or more per week, but less than full-time. A seasonal employee shall be defined as any employee specifically hired to perform common outdoor labor tasks typically done only during periods of favorable weather, e.g., non-winter months.

1.3.   Any temporary employee who averages twenty (20) hours or more per week in any six (6) month period shall become a part of the bargaining unit.

1.4.   Any seasonal employee who averages twenty (20) hours or more per week for greater than nine (9) cumulative months in a calendar year shall become a member of the bargaining unit.

1.5.   The City may, at its discretion, establish new classifications or modify existing positions. The City shall notify the Union when it creates a new job classification which should be included in the bargaining unit or modifies a current position outside the bargaining unit which should then be included in the bargaining unit.

1.6.   If requested, on an annual basis, the City shall provide a list of AFSCME represented positions and a list of bargaining unit members to the Union.

The City and the Union agree to the following "Fair Share" provisions:

2.1.   The amount of "fair share in lieu of dues" to be paid by non‑members of the Union shall be equivalent to the amount uniformly required of each member of the Union.

2.2.   The City will deduct Union dues from the wages of such employees. The amount deducted shall be remitted to the Union monthly, no later than ten (10) days after the payday on which the employee deductions are made.

2.3.   The rights and responsibilities of employees in regard to dues check‑off and fair share, as provided in ORS 292.055, shall apply to all employees covered by this Agreement.

2.4.   The City will not be held liable for check‑off errors but will make proper adjustments for errors as soon as it is practicable.

2.5.   Any individual employee objecting to payment of "fair share in lieu of dues" on a bona fide religious tenet or teaching of a church or religious body of which such employee is a member will inform the City and the Union of the objection. The employee will meet with representatives of the City and the Union to establish a mutually satisfactory arrangement for distribution of a contribution of an amount of money equivalent to regular Union membership dues to a non‑religious charity.

2.6.   The Union agrees to hold the City harmless against any and all claims, suits, orders or judgments brought against the City as a result of the provisions of this Article.

3.1.   The City retains all the rights, decision‑making functions and authority to manage the affairs of the City or any part of the City. The rights of the employees in the bargaining unit and the Union are limited to those specifically set forth in this Agreement, or provided by law.

3.2.   Without limitation, but by way of illustration, the functions and rights of the City shall include the following:

3.2.1.      To direct and supervise all operations, functions and policies in the departments involved and operations, functions and policies in the remainder of the City as they may affect employees in the bargaining unit;

3.2.2.      To close or transfer an office or facility or combination of facilities or to relocate, reorganize or combine the work of divisions, operations, or facilities;

3.2.3.      To determine the need for a reduction or increase in the work force;

3.2.4.      To establish, revise, and implement standards for hiring, classification, promotion, quality of work, safety materials, equipment, uniforms, methods and procedures;

3.2.5.      To assign and distribute work;

3.2.6.      To assign shifts, work days, hours of work, and work locations;

3.2.7.      To introduce new duties and to review job classifications and duties within the unit;

3.2.8.      To determine the qualifications of new employees;

3.2.9.      To discipline an employee for just cause;

3.2.10.  To determine the need for additional educational courses, training programs, on‑the‑job training, cross training, safety training;

3.2.11.  To determine the need for overtime and the classifications to work such overtime;

3.2.12.  Subcontracting. The City shall notify the Union, as soon as possible of the possibility of the City contracting or subcontracting out work and/or services currently performed by members of the bargaining unit who could or may be displaced by such subcontract or contract. At the time such notice is given the Union, the City and/or the Union will notify the Employment Relations Board that the parties have entered negotiations concerning subcontracting and ask that a mediator be assigned to this issue and schedule, in advance, mediation sessions should the parties reach impasse during negotiations. The parties agree that negotiations regarding the decision and impact of the subcontracting shall continue for no longer than thirty (30) days from the receipt of the City’s notice. The first negotiation session shall be scheduled no later than ten (10) working days of receipt of the City’s notice. Should the parties be at impasse following negotiation and mediation, the parties agree to submit the dispute to an arbitrator for resolution.

3.3.   The exercise of the management function or right which is not specifically limited by this Agreement is retained by the City.

4.1.1.      A grievance, for the purpose of this Agreement, is defined as a dispute regarding the meaning or interpretation of a particular clause of this Agreement, or regarding an alleged violation of a particular clause of this Agreement.

4.1.2.      "Day" shall be defined as a calendar day.

4.1.3.      The City will give prompt consideration to an employee grievance relating to employment conditions and relationships. Every attempt should be made by the department head and employee to resolve the problem. In an effort to provide for a peaceful procedure for resolution of disputes, the parties agree to the following grievance procedure:

4.1.3.1.Step 1. The employee shall discuss the grievance on an informal basis with his/her supervisor (unless that supervisor is in the bargaining unit and then the grievance shall go to the supervisor's immediate supervisor) within ten (10) calendar days from the date the employee knows or should have known of the alleged violation. The employee may have a Union representative assist them in presenting their case to their supervisor. If there is no resolution to the grievance, the employee may then submit their grievance in writing to the department head through the supervisor within ten (10) calendar days after the discussion with the supervisor.

The department head shall respond in writing within ten (10) calendar days from the receipt of the written grievance.

4.1.3.2.Step 2. If the grievance remains unresolved after Step 1, the employee or a Union representative within ten (10) calendar days of receiving the written answer in Step 1, shall submit the grievance in writing to the City Manager. Within ten (10) calendar days, the City Manager, or designee shall call a meeting of the parties to discuss the grievance. The City Manager shall give a written answer within ten (10) calendar days from the date of the meeting.

4.1.3.3.Step 3. If the grievance remains unresolved after Step 2, the employee or the Union representative shall within twenty (20) calendar days of receiving the written answer in Step 2, submit a written request to the City Manager stating their desire to invoke the arbitration procedures set forth in Section 4.3.

4.2.   The rules governing the grievance procedure shall be as follows:

4.2.1.      Any time limits specified in the grievance procedure may be waived by mutual consent of both parties. Failure by the grievant to submit the grievance in accordance with these time limits without such waiver shall constitute abandonment of the grievance.

4.2.2.      Failure by the City to submit a reply within the time limits specified in the Agreement will automatically move the matter to the next step in the procedure provided that arbitration shall not be invoked unless and until both parties are fully aware in writing.

4.3.   Arbitration:

4.3.1.      Procedure:

4.3.1.1.After arbitration has been requested, the parties shall forthwith attempt to agree upon a single arbitrator. In the event the parties are unable to agree, a list of five (5) arbitrators shall be requested from the Employment Relations Board of the State of Oregon or the Federal Mediation and Conciliation Service. Each party shall alternately strike one name from the list received. The final name remaining shall be the sole arbitrator.

4.3.1.2.The arbitrator shall exercise all powers relating to admissibility of evidence, conduct of the hearing and arbitration procedures. The arbitrator shall have no authority to add to or delete from the terms of this Agreement.

4.3.1.3.The cost of the arbitrator shall be borne equally by the City and the Union, and each party shall bear the cost of presenting its own case.

4.3.1.4.The arbitrator's decision shall be final and binding and in writing and shall be issued to the parties within thirty (30) calendar days after the case is submitted to the arbitrator.

5.1.   The City, upon twenty‑four (24) hours notice shall provide an employee the opportunity to review the employee's personnel file. Copies of the contents of this file requested by the employee shall be provided at the employee's own expense. The official personnel file shall be maintained by the City.

5.2.   The employee may respond in writing to any item placed in their personnel file. Such written response will become a part of the file.

5.3.   Letters of warning and any response written by the employee shall, upon request of the employee, be removed at the end of twenty‑four (24) months, provided that the letters of warning and/or written responses are not relevant to current job performance. Documentation of misconduct related to protected class harassment shall be removed from the personnel file as indicated above and retained in the office of the Director of Human Resources. The City may use the documents to defend against legal action or to support dismissal if challenged through arbitration.

5.4.   Employees shall have the opportunity to review and sign any personnel document which reflects any adverse personnel action, prior to such document being entered into the employee's personnel file. An employee's refusal to sign the document shall have no effect or bearing on the execution of the adverse action. Should an employee refuse to sign said document, the responsible City representative shall so state on the document, initial and date. If an employee disagrees with any statement of fact contained in said document, he may so indicate by attaching a written statement of reasonable length to said document at the time of review.

6.1.   The City shall post on each bulletin board provided in accordance with Article 22 of this contract for not less than seven (7) days, notices of job vacancies offered by the City of West Linn for which employees may apply. Employees shall be permitted to apply for vacant positions, and vacancies shall, whenever possible, be filled by lateral transfer or promotion of qualified employees within the City service. Lateral transfers are defined as a transfer of a qualified employee within the same pay range.

7.1.   Work Week. The work week shall be determined by the City based on the needs of the City and services to the public. The work week shall be:

7.1.1.      a 5‑8 work schedule, which shall consist of five (5) consecutive days of eight (8) work hours each, or

7.1.2.      a 4‑10 work schedule, a flexible schedule or 9-80 schedule based on mutual Agreement between the employee and the City, as follows:

7.1.2.1.a 4‑10 work schedule shall consist of four (4) consecutive days of ten (10) work hours each.

7.1.2.2.9-80 work schedule shall be a two (2) work week schedule consisting of the first week based on four (4) nine (9) hour days and one (1) eight (8) hour day followed by a week of four (4) nine (9) hour days followed by three (3) days off.

7.1.2.3.a flexible work schedule shall be equal in total hours worked during the pay period to that of a 5‑8 employee but shall have a maximum of 10 hours worked per day and a maximum of 40 hours per week.

7.1.3.      Part time as follows:

7.1.3.1.Regular Part‑Time employees shall mean any employee scheduled to work twenty (20) hours or more per week but less than full-time, or the equivalent on a flexible schedule as set forth in 7.1.2.3 above, may be scheduled to work a portion of any of the above specified schedules.

7.2.   Regular Hours. All shifts shall have an established schedule that shall be determined by the Department Head. The City shall notify the employee of any proposed change to the schedule at least ten (10) days prior to the effective date of change.

7.3.   Rest Periods. Where possible, a rest period of fifteen (15) minutes shall be permitted all employees during each half (l/2) shift, which shall be scheduled by the City in accordance with specific operating requirements of each employees duties, and shall be considered on‑duty working time. The rest period shall be permitted as nearly as possible to the midpoint of each half shift.

Employees who for any reason are scheduled to work more than two (2) hours beyond their regular shift, shall receive a fifteen (15) minute rest period before they start to work on the next shift. Such employees shall receive a fifteen (15) minute rest period every two (2) hours thereafter, and an unpaid lunch period if the scheduled work period is longer than four (4) hours.

7.4.   Meal Periods. Employees shall be granted either a thirty (30) or sixty (60) minute unpaid meal period during each work shift which shall not be considered on‑duty working time. The meal period shall be scheduled as nearly as possible to the midpoint of the employee's shift.

Only those part‑time employees who work more than five (5) hours are entitled to a meal period.

8.1.   Seasonal employees work only during the period of March 1 through October 31 of any calendar year, unless otherwise mutually agreed to by the City and the Union. The Union will be notified at the time of hire of any seasonal employee. The Parks Department and Public Works Department employ seasonal employees.

9.1.   At the City's discretion, more than one employee may occupy a single authorized position, as job share employees each working no less than .50 FTE.

9.2.   The conversion of a position from full time to Job Share status must originate with a written request from the employee occupying that full time position to the Department Head and the Director of Human Resources. The City shall notify the employee requesting the job share of the City's decision in writing. Current employees in the department in which the position is created will have the first opportunity to apply for the job share position(s).

9.3.   When working in a job sharing position (half‑time each employee), the following procedure will be used to account for vacation, sick leave, holiday, and bereavement benefits.

Earning Vacation and Sick Leave Benefits. All regular employees working twenty (20) hours or more per week on a continuing basis will receive prorated vacation and sick leave benefits.

9.4.   Using Vacation and Sick Leave Benefits. Each employee will be paid 100% vacation benefits (maximum 8 hours per day) when the employee is off on vacation, during the employee's "regular scheduled work week (see definition)".

Sick leave benefits will be 100% paid (maximum 8 hours per day) when the employee is ill during the employee's "regular scheduled work week". Otherwise, the employee will not be eligible for paid sick leave benefits, even though the employee worked during a non‑regular scheduled work week.

9.5.   Holiday Pay. Holiday Pay Rule:  Each employee will be paid four (4) hours pay for every City recognized holiday.

9.6.   Bereavement Leave.  A job share employee shall be eligible for funeral leave (maximum 8 hours per day) only when the employee is absent from work for any of the purposes described in Article 24 during the employee's regularly scheduled work week, otherwise the employee will not be eligible for paid benefits.

Note:  Definition for regularly scheduled work week as it applies to job sharing:  A regular work schedule, scheduled in advance by the Department Head for each job sharing employee, or a special request for five (5) or more consecutive additional work periods recommended by the supervisor and authorized by the Department Head in advance.

 

10.1.        The City and the Union agree to waive the application of ORS 279.340 and shall utilize the following provision in determining compensation for overtime:

10.1.1.  All authorized work shall be compensated at the rate of time‑and‑one‑half (1‑1/2) for work under the following conditions:

10.1.1.1.        Employees assigned to a 5‑8 schedule shall receive overtime credit for any work after eight (8) hours on any workday, and for any work performed on the sixth or seventh day of the employees work week.

10.1.1.2.        Employees assigned to a 4‑10 schedule shall receive overtime credit for any work after ten (10) hours on any workday and for any work performed on the fifth, sixth, or seventh day of the employees work week.

10.1.1.3.        Employees assigned to a 9-80 work schedule consisting of four (4) nine (9) hour days and one (1) eight (8) hour day followed by four (4) nine (9) hour days schedule, shall receive overtime credit for any work after nine (9) hours on any regularly scheduled nine (9) hour work day or after eight (8) hours on any regularly scheduled eight (8) hour work day and for any work performed on the fifth (in the case of three consecutive days off), sixth, or seventh day of the employee’s work week.

10.1.1.4.        Employees assigned to a flexible work schedule shall receive overtime credit for any work after (10) hours on any regularly scheduled workday and for any work performed on the sixth and seventh day of the employee’s workweek.

10.2.        For the purpose of determining hours worked, vacation, holidays, sick leave and compensatory time shall be considered as hours worked.

10.3.        All overtime pay shall be computed to the nearest one‑quarter hour.

10.4.        Insofar as practicable, opportunities to work overtime shall be distributed as equally as possible among the employees in each job classification in each work area, provided the employees are qualified to perform the specific overtime work required. Daily and weekend overtime opportunities shall be accumulated on adequate records and offered overtime not worked shall be considered as worked in maintaining these records. The employer shall not be required to break in on work in progress or change an employee's shift to maintain an equitable balance of overtime opportunities. If it is established that he/she has not received his/her fair share of weekly overtime, such employee shall have preference to future weekly overtime until reasonable balance is re‑established.

10.5.        Whenever an employee is called back to perform emergency or unscheduled work, the employee shall receive a minimum of two (2) hours pay at time and one‑half (1‑1/2) unless the overtime is contiguous to the employee's shift. All time worked shall be at the rate of time and one‑half (1‑1/2).

10.6.        Except in an emergency, an employee shall be released from duty immediately upon cessation of the event that required the call back.

10.7.        At the employee’s choice, all overtime worked shall be paid or the employee shall receive compensatory time at the rate of time and one-half (1 ½). If budgeted funds are not available for the payment of overtime, such overtime shall be allowed in compensatory time off, at the appropriate overtime rate.

Employees may accumulate up to a maximum of eighty (80) hours of compensatory time off. If employees accrue eighty (80) hours of compensatory time in lieu of overtime, he/she shall not have the option of receiving compensatory time in lieu of overtime, but shall be paid for subsequent overtime until such time as the compensatory time accumulation is reduced below eighty (80) hours.

10.8.        Compensatory time off will be scheduled by mutual agreement between the employee and the supervisor, consistent with the needs of the City.

 

11.1.        Seniority. Seniority shall be defined as the total length of continuous service within the bargaining unit except in the case of layoff as in 12.4. Seniority will be pro-rated for part-time and job share employees.

11.2.        Probationary Period. All appointments shall be tentative and subject to a probationary period. Initial probationary appointments shall be no more than six (6) consecutive months’ service. Promotional and lateral transfer probationary appointments shall be no more than three (3) consecutive months’ service. Probationary periods for part‑time employees will run until the employee's actual hours worked equal the full‑time equivalent of the stated probationary period or nine (9) months, whichever comes first. Under no circumstances will the probationary period for a part-time employee be extended.

In cases where a longer period is necessary to demonstrate an employee's qualifications, the initial probationary period of a full-time employee may be extended; however, the probationary period shall not be extended beyond three (3) additional months.

The employee and the Union shall be notified in writing of any extension and the reasons therefore.

11.3.        During the initial probationary period of six (6) months for an original appointment, the employee shall not be eligible for vacations benefits, but she/he shall earn vacation credits to be taken at a later date.

11.4.        Upon satisfactory completion of the probationary period, the employee shall be considered as having satisfactorily demonstrated qualifications for the position, shall gain regular employment status, and shall be so informed by the appropriate supervisor. Lack of notification by the appropriate supervisor shall not affect the gain of regular employment status.

11.5.        During the initial probationary period, for an original appointment, an employee may be terminated at any time without just cause.

11.6.        In the case of promotional or lateral transfer appointments, the promoted or lateral transfer employee may be demoted at any time during the probationary period to his/her former classification for unsatisfactory work performance or may elect to return to his/her previous classification and rate of pay.

12.1.        A layoff is defined as an involuntary separation from the City for reasons that do not reflect discredit upon the employee. If a layoff is implemented, layoffs shall be made within each job classification on the basis of seniority. No regular employee shall be laid off while temporary employees are retained by the City in the classification of the employees proposed to be laid off.

The City Manager may make an exception to the order of layoff when the retention of employees with needed skills or performance abilities are necessary for the efficient operation of the department. Such actions shall be taken only for articulated, job-related reasons and substantiated by written documentation

12.2.        Advance notice will be provided to the Union and the employees the City intends to layoff. Such notice shall normally be provided as soon as plans are finalized, but not less than thirty (30) calendar days prior to such layoff.

12.3.        An employee will remain on the layoff list and be eligible for recall for twenty-four (24) months. It shall be the employee’s responsibility to keep the city informed of their correct address and telephone number. Recall notification shall be made by certified mail.

12.4.        Employees laid off for a period of more than twenty-four (24) months lose recall rights. Employees recalled within twenty-four (24) months of their date of layoff shall be recalled according to seniority. Seniority, benefits and accrual rates shall be reinstated to previous employment rates if there is a recall. There will be no probation period when the employee is reinstated.

12.5.        If an employee returns to the classification from which they were laid off, they will be placed on the salary schedule at their last held step.

If an employee returns to a different classification from which they were laid off, they will be placed on the salary schedule at a step that is closest to their salary at the time of layoff.

12.6.        No new employees shall be hired for a classification of work until employees laid off in that classification have been offered an opportunity to return to work.

12.7.        An employee so recalled by the City shall have ten (10) calendar days after the receipt of the certified letter in which to accept the assignment, and fourteen (14) days from the date of notification to the City to report to work. The timelines may be waived by mutual agreement between the City and the returning employee.

If an employee on the lay off register turns down a recall to a previous position from which the employee was laid off, the remaining recall rights are forfeited and the former employee is removed from the register.

If an employee on the lay off register turns down a recall to a position other than the position from which the employee was laid off, the remaining recall rights will remain in place and the employee will remain on the register.

Temporary and seasonal positions will be offered first to qualified employees on the layoff register.

The Union will receive notification of any recalls.

12.8.        Laid off employees shall have the following options:

12.8.1.  Accept the layoff.

12.8.2.  Displace the employee with the lowest seniority in the same qualification within the city, provided the employee is qualified for the position as described in 12.9.

12.8.3.  Displace the employee with the lowest seniority in a lower level classification in the city, provided the displacing employee is more senior and is qualified for the position as described in 12.9.

12.8.4.  Displace the employee with the lowest seniority in a classification in which the employee has previous successful service, provided the displacing employee is more senior and is qualified for the position as described in 12.9.

12.8.5.  Request assignment to an open vacant bargaining unit or temporary position, provided the employee is qualified for the position as described in 12.9.

12.9.        Qualification for bumping. The qualification of an employee to bump shall depend upon that employee demonstrating current possession of the required certification, knowledge and skill to meet the minimum qualifications of the position prior to bumping.

13.1.        When employees are assigned by the employer to work in a classification with a higher rate of pay, the employee shall receive the first step in the higher classification that would be greater than their current rate of pay. No employee shall be assigned to work in a higher classification for a period of time less than eight (8) hours.

14.1.        The City will provide protective equipment, including personal protective equipment for eyes, face, head and extremities. Protective clothing and protective shields and barriers, shall be used wherever it is necessary by reason of hazards of processes or environments, chemical hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact. Protective equipment shall be maintained in a sanitary and reliable condition.

14.2.        In the event an employee chooses to provide their own protective equipment, the City shall be responsible to assure its adequacy, including proper maintenance and sanitation of such equipment. All personal protective equipment shall be of safe design and construction for the work to be performed.

14.3.        The City shall, with advice from the Safety Committee, determine the requirements for personal protective equipment, based upon the specific environmental and work-related factors of the job site. The City shall procure the necessary personal protective equipment or provide an appropriate allowance to the employee for the purchase of the personal protective equipment. Where an allowance is provided, the City will establish minimum standards for the type and quality of the personal protective equipment.

15.1.        The Drug and Alcohol Testing Policy is attached to this Agreement as Exhibit B.

 

16.1.1.  All regular full‑time employees shall accrue vacation time at the rate of ten (10) working days annually through the completion of three (3) years of continuous service.

16.1.2.  All regular full‑time employees shall accrue vacation time at the rate of twelve (12) working days annually for those having completed more than three (3) years but less than five (5) years continuous service.

16.1.3.  All regular full‑time employees shall accrue vacation time at the rate of fifteen (15) working days annually for those having completed more than five (5) years but less than eight (8) years continuous service.

16.1.4.  All regular full‑time employees shall accrue vacation time at the rate of twenty (20) working days annually for those having completed more than eight (8) years, but less than eleven (11) years of continuous service.

16.1.5.  All regular full-time employees shall accrue vacation time at the rate of twenty-two (22) working days annually for those having completed more than eleven (11) years, but less than fifteen (15) years of continuous service.

16.1.6.  All regular full‑time employees shall accrue vacation time at the rate of twenty‑five (25) working days annually for those having completed more than fifteen (15) years of continuous service.

16.1.7.  All regular employees who work twenty (20) hours or more per week on a continuous basis shall be entitled to prorated vacation leave benefits.

16.2.        New employees shall not be eligible for vacation leave during their first six (6) months of employment, although vacation shall be accrued from the beginning of employment. If for any reason prior to the completion of six (6) months continuous service with the City such employee is terminated, he/she shall be credited with no vacation time.

16.3.        Continuous service shall be service unbroken by separation from City service, except time spent on military leave as a member of the National Guard or other reserve component of the Armed Forces of the United States shall be included as continuous service.

16.4.        Vacation time will normally be taken within one (1) year of time earned and normally may be accumulated to a maximum of three hundred twenty (320) hours.

16.5.        Based on the operating needs of the City, employees shall be allowed to select vacation times as scheduled by the department head or designee, and any conflicts between two or more employees requesting the same period for vacation will be determined by seniority. Processed requests for vacation should be returned to the employee within two weeks of submitting the request.

16.6.        Two times a year, employees who have scheduled or used at least eighty (80) hours of vacation time in a fiscal year may elect to “sell back” up to a maximum of eighty (80) hours of vacation time during the same fiscal year. The minimum number of vacation hours taken must equal the number of vacation hours sold back to the City in a fiscal year.   To be eligible for “sell-back” an employee must retain an accrual of a minimum of 40 hours vacation time, after the cash “sell-back”. The City shall issue a separate check to employees for vacation sell-back, if the City receives the signed, authorized request 30 days in advance. The check will be issued on the same bi-weekly schedule as normal payroll checks. Deductions shall be made based on current State and/or Federal law.

 

17.1.        All full‑time employees shall be entitled to the following holidays:

New Year's Day                            January 1

Martin Luther King's Birthday             3rd Monday in January

President's Day                              3rd Monday in February

Memorial Day                                Last Monday in May

Independence Day                         July 4th

Labor Day                                     1st Monday in September

Veteran's Day                                      November 11th

Thanksgiving Day                         4th Thursday in November

Day after Thanksgiving                 The Friday following Thanksgiving Day

Christmas Day                               December 25th

17.2.        All regular employees who work twenty (20) hours or more per week on a continuing basis shall be entitled to pro-rated holiday benefits.

17.3.        When a holiday falls on a Sunday, the following Monday shall be deemed to be a holiday in lieu of the day observed. When a holiday falls on a Saturday, the preceding Friday shall be deemed to be a holiday in lieu of the day observed. When a holiday falls on a regularly scheduled day off, the employee’s supervisor shall allow the employee either the preceding or the following day to be a holiday in lieu of the day observed. Any employee who may be requested to work on a holiday shall be either paid compensation at one and one-half (1-1/2) days pay for such work, or at the option of the employee, one and one-half (1-1/2) days may be added to, and taken at, their regular vacation for each such holiday worked, in addition to the regular holiday pay.

 

18.1.        All regular full‑time employees shall be entitled to eight (8) hours of sick leave with pay for each calendar month, or major fraction thereof served.  There is no limit on the amount of sick leave that can be accrued.  Sick leave with pay can be granted only in cases of bona fide illness of an employee or illness in the immediate family of an employee, or person living in the employee's household.  Sick leave shall be prorated for part-time employees. The employee shall notify their immediate supervisor (or designate) in the event of illness and use of sick leave.

18.2.        Verification of illness may be required by the City in the event of:

18.2.1.  Justifiable suspicion of abuse of sick leave; or

18.2.2.  The employee’s request for transfer of sick leave to augment scheduled vacation; or

18.2.3.  Absence in excess of three (3) workdays.

18.3.        Upon retirement under the Public Employees Retirement System, an employee's accumulated sick leave will be credited to the Public Employees Retirement benefits as provided and in accordance with Oregon Revised Statute 237.153 relating to such conversion and as administered by the Public Employee Retirement System.

18.4.        For each quarter in which no sick leave is used, an employee may convert eight (8) hours of sick leave into vacation time or cash. To be eligible to convert sick leave to vacation time or cash, as described in this Article, the employee must have a minimum of eighty-eight (88) hours of accrued sick leave prior to the conversion process.  Quarters are periods defined as follows:

First quarter: July 1, through September 30; Second quarter: October 1, through December 31; Third quarter: January 1, through March 31; Fourth quarter:  April 1, through June 30.

Sick leave converted to vacation time will be credited through the end of each quarter.  If sick leave is converted to cash, pay will be at the employee's hourly rate at time of accrual. Employees selecting either the vacation or cash option will be paid or credited vacation time at the end of each quarter.

 

19.1.        The City shall provide worker's compensation insurance as required by State law. Employees who become eligible for the City worker's compensation benefits shall be allowed up to twelve (12) months leave if they are unable to perform the duties of their position for a temporary period. Following the first six (6) months of an employee's absence due to an on‑the‑job injury or illness, the employee shall return all city owned property in the possession of the employee.

19.2.        The City shall issue a check in lieu of wages in an amount which is the difference between any worker's compensation payments and the employee's regular, straight time net wages for that period covered by the compensation payments. Net wages shall be the cash value of the employee's last biweekly paycheck, exclusive of voluntary deductions. The employee shall receive any general salary adjustments based on this Union Agreement and will be eligible for any salary step increases. Any and all City payments to the employee in lieu of wages for an approved on‑the‑job injury or illness shall cease when the employee becomes eligible for payments under the City's disability insurance program.

19.3.        After an employee is on leave as a result of an on‑the‑job injury, illness, and is receiving a check in lieu of wages by the City for a period of ninety (90) days, a charge against the employee's sick leave account will be made in proportion to the amount of wages paid by the City. The City shall not issue a check in lieu of wages unless the employee has sufficient sick leave accrued.

19.4.        The employee during the first ninety (90) day period will continue to accrue all benefits, including but not limited to sick leave, vacation accrual, health insurance and PERS contribution. Following the first ninety (90) day period, the City shall not pay the cost of employee benefits nor will the employee continue to accrue benefits including but not limited to sick leave, vacation accrual, health insurance and PERS contribution.

19.5.        An employee may be given the opportunity to return to work on a modified work plan as provided by the City Personnel Policy.

 

20.1.        Medical‑Hospital Insurance.

20.1.1.  Effective August 1, 2005, the City shall pay 95% of the cost of premiums for medical insurance for each eligible employee (pro-rated for part-time employees) and their eligible dependents. In the event the City changes carriers, the level of benefits shall remain equal to or better.

20.2.        Dental Insurance.

Effective August 1, 2005, the City shall pay 95% of the cost of premiums for dental insurance for each eligible employee (pro-rated for part-time employees) and their eligible dependents. In the event the City changes carriers, the level of benefits shall remain equal to or better.

20.3.        Life Insurance. The City shall provide a $25,000 life insurance policy for all employees covered by this Agreement. In addition, the City shall provide $2,000 coverage for spouses and dependents of all employees.

20.4.        Long Term Disability Insurance. The City shall continue to provide long‑term      disability insurance for all employees covered by this Agreement.

20.5.        The City will not pay the cost of employee benefits nor will the employee continue to accrue benefits including, but not limited to, sick leave & vacation accrual while on medical leave due to a non-work related injury, illness or disability unless the employee is using their accrued sick leave, time from another of their accrued leave banks or time donated by the emergency sick leave bank, However, the City will comply with all requirements of the Family Medical Leave Act (FMLA) and the Oregon Family Leave Act (OFLA).

20.6.        For any current employee whose hours is reduced, or has been reduced to not less than thirty (30) hours per week as a result of fiscal cutbacks, the City agrees to continue to provide 100% of the benefits for insurance provided for that employee.

20.7.        Benefits Review Committee.

20.7.1.  A Labor-Management Benefits Review Committee shall have the responsibility for deciding the level, scope and design of benefit plans offered to employees for medical, dental, vision, disability and life insurance. The primary goal of the Committee shall be to develop a comprehensive benefit program that meets the needs of the employees within the budgetary restrictions of the City.

20.7.2.  The Committee shall be comprised of both management and represented employees. Each bargaining unit adopting these provisions shall be entitled to appoint one voting member to the Committee. It is understood that bargaining units that do not adopt these provisions will be entitled to appoint one nonvoting member to the Committee. Management membership will consist of voting members in a number equal to the voting bargaining unit membership. The City or the bargaining units may invite other nonvoting members to attend meetings, as needed, to facilitate committee business. The Committee shall meet at least quarterly in January, April, July, and October. The Committee may meet more frequently, as required. Decisions of the Committee will be made by a majority of votes. The Committee shall elect a Chairperson at the July meeting to serve for a one-year term. The Chair shall alternate each year between a management and a bargaining unit employee. The Chair the first year will come from the group to be decided by flip-of-a-coin, choice by the AFSCME employee.

20.7.3.  The Committee shall make plan design decisions for medical, dental, vision, disability and life insurance at least 60 days prior to the succeeding plan year, unless the City waives this requirement.

20.7.4.  Payment for and funding of benefit plans developed by the Committee shall be in a proportion and manner determined through the collective bargaining process with each individual bargaining unit.

20.7.5.  The City shall provide administrative coordination and support for the Committee. The Committee, at its request, shall be provided with budgetary and other information necessary for completing its work.

20.7.6.  The City will make decisions on the following issues after consideration of Committee recommendations:

20.7.6.1.        Carrier selection,

20.7.6.2.        Third party administrator selection,

20.7.6.3.        Employee benefits consultant selection,

20.7.6.4.        Alternate funding arrangements, and

20.7.6.5.        Other optional benefit programs.

 

21.1.        The City agrees to participate in the Oregon State Public Employees Retirement System and in the Oregon Public Service Retirement Plan (OPSRP) to pay the City's amount required into each employee's PERS account. The City shall cease withholding from employee's monthly salaries the contributions required by ORS 237.071, and shall "pick up", assume, and pay a six percent (6%) average employee contribution to the Public Employees Retirement Fund and to the Oregon Public Service Retirement Plan (OPSRP) for the employee members then participating in the Public Employees Retirement System and to the Oregon Public Service Retirement Plan (OPSRP). Such "pick up" or payment of employee member's monthly contributions to the system shall continue for the life of this Agreement. The full amount of required employee contributions "picked up" or paid by the employer on behalf of the employees pursuant to this Agreement shall be considered as "salary" within the meaning of ORS 237.003 (8) for the purposes of computing an employee member's "final average salary" within the meaning of ORS 237.003 (12), but shall not be considered as "salary" for purposes of determining the amount of employee contributions required to be contributed pursuant to ORS 237.071. Such "picked up" or paid employee contributions shall be credited to the employee accounts pursuant to ORS 237.071 (2) and shall be considered to be employee contributions for the purposes of ORS 237.001 to 237.320.

 

22.1.        The City agrees to furnish bulletin boards in City Hall, the Library and Public Works. The Union shall limit its posting of notices and bulletins to such boards and shall use the boards only for notices and bulletins concerning official Union matters. Postings shall be placed and/or maintained by Union officers, i.e., stewards.

23.1.        Employees selected by the Union to act as Union representatives shall be known as "stewards". The names of employees selected as "stewards" and the names of other Union representatives who may represent employees shall be certified in writing to the City by the Union.

23.2.        The employer agrees that accredited representatives of AFSCME shall have access to employees in the bargaining unit during working hours for the purpose of processing grievances or contacting members of the Union provided that such access does not interfere with the normal operations of the department, and provided further that the accredited representative has first received the consent of the departmental supervisor.

 

24.1.        In the event of a death in the employee's immediate family, an employee shall be granted leave, not to exceed five (5) calendar days off, with pay. "Immediate family" shall be defined as husband, wife, son, daughter, father, mother, brother, sister, grandfather, grandmother, grandchildren, mother-in-law, father-in-law, grandmother-in-law, grandfather-in-law, sister-in-law, brother-in-law, domestic partner or other person living in the employee’s household. The term "Immediate family" shall include step or half relations.

24.2.        An employee shall be granted not more than three (3) hours of compassionate leave to attend the funeral or memorial service for a current West Linn employee or retiree.

 

 

25.1.        Except as provided in Subsection 2 of this Section, for all periods of annual active duty for training as a member of the National Guard, National Guard Reserve or of any reserve component of the Armed Forces of the United States or of the United States Public Health Service, any employee of the City of West Linn is entitled, upon application therefore, to a leave of absence from their duties for a period not exceeding fifteen (15) days in any one (1) calendar year, without loss of time, pay, or regular leave and without impairment of efficiency rating or other rights of benefits to which he is entitled.

25.2.        Unless the employee has been employed by the City of West Linn for a period of six (6) months next preceding their application, no employee is entitled to receive pay for any period during which they are on military leave.

26.1.        Leaves of Absence. Leaves of absence without pay or accrual of other benefits for a limited period, not to exceed six (6) months, may be granted for any reasonable purpose where, in the judgment of the department head, the work of the department will not be seriously handicapped by the temporary absence of the employee requesting such leave. Any such leave must be consistent with the needs of the City and approved by the department head. At the discretion of the department head, with City Manager or designee approval, upon written request by the affected employee, such leave may be extended in no more than three (3) month increments. If an employee is denied a leave of absence, the department head will state the reasons in writing.

26.2.        Military Leave Without Pay.

26.2.1.  Military leave of absence without pay shall be granted to a regular employee during a period of active duty with the Armed Forces of the United States.

26.2.2.  The employee shall, upon honorable discharge from such service, be granted to a position in the same class as his/her last held position, at a salary rate prevailing for such class, without loss of seniority of employment rights. If it is established that he/she is not physically qualified to perform the duties of his/her former position by reason of such service, he/she shall be reinstated in other work that he/she is able to perform at the nearest appropriate class to his/her former class.

26.3.        Jury/Witness Duty. Employees shall be granted leave with regular straight‑time pay any time they miss their regularly scheduled shift because they are required to report for jury duty or jury service, or as the result of appearing under subpoena in a court of law. An eligible employee shall endorse their jury/witness fee minus any expenses incurred. Any compensation received by the employee for vehicle expense (mileage) shall be retained by the employee.

26.4.        Peace Corps or Vista Service. As provided by statute, any employee who enters the Peace Corps of the United States shall be given leave for such service. Any employee who enters the Vista Service of the United States shall also be granted leave for such service.

26.5.        Parental/Family Leave. Leave may be taken pursuant to State and Federal Law.

27.1.        Discipline.

27.1.1.  Disciplinary action shall include only the following:  Oral reprimand; written reprimand; suspension with pay, suspension without pay, with notice in writing; demotion; or discharge.

27.1.2.  Disciplinary action may be imposed upon an employee only for just cause. If the City has reason to reprimand an employee, it shall be done in a manner that will not embarrass the employee before other employees or the public.

27.1.3.  Any disciplinary action imposed upon an employee may be processed as  a grievance through the regular grievance procedure except oral and written reprimands shall not be subject to step three (3) of the grievance procedure.

27.2.        Suspension or Discharge.

27.2.1.  The employee will be notified in writing that the employee has been suspended with pay and is subject to discharge. Such notification shall state in detail the nature of the alleged offense.

27.2.2.  The employee or the Union shall have the right to take up the suspension and/or discharge as a grievance under the grievance procedure and the matter shall be handled in accordance with this procedure through arbitration, if deemed necessary by either party.

 

28.1.        To implement Article 28, Wages, the monthly salary will be converted to an hourly rate for payroll purposes based on the following formula:  Monthly salary divided by 173.33 = Hourly Rate, Rounded to four (4) decimal places. Average Monthly Hours Computation:  2080 Annual Hours Divided by twelve (12) Months.

All employees shall be compensated in accordance with the wage schedule attached to this Agreement and marked Compensation Structure "A", effective July 1, 2005, with an increase of 3.5 percent.

Effective July 1, 2006 all employees shall receive a salary increase equal to the average of the 1st half and the 2nd half Portland CPI-W for 2005 but in no case less than 2.5 percent or more than 4 percent. 

The job classifications and applicable range of the compensation structure is attached to this Agreement as Exhibit "A”.

28.2.        Initial appointment and progression through pay range.

28.2.1.     Normally an employee will be appointed at the entrance rate for the class unless the employee's qualifications as determined by the City would support appointment at a higher step.

28.2.2.              After initial appointment to a position, the employee shall receive the minimum salary for the position. However, in the case when unusual difficulty in filling the vacancy is experienced or when the appointee is exceptionally qualified, the City Manager may cause the appointment to be made at a salary rate above the minimum, but not more than the maximum within the budget limitation.

28.2.3.              An employee may advance in step increments on the salary schedule following the completion of one (1) year of satisfactory service as determined by the employee’s Department Head.

28.2.4.  A step increase will not be denied unless adequate prior notice of a problem has been given to the employee prior to the employee’s anniversary. This notice is intended to enable the employee to respond to a corrective work plan. Such notice will include documentation concerning needed areas of improvement as well as a corrective work plan.

28.3.        An employee who does not receive an increase will be evaluated within ninety days. Should an employee improve to a level warranting a step increase that employee shall be advanced a step on the salary schedule effective ninety (90) days from the date of the anniversary. If the employee is not evaluated within ninety (90) days, the employee will automatically be advanced a step on the salary schedule.

28.4.        Deferred Compensation Program. The City Manager is authorized to enter into Deferred Compensation Agreements with financial institutions of their choice. Such Deferred Compensation Programs would allow discretionary payroll deductions on behalf of individual requesting employees for deposit with the respective financial institutions.

28.5.        Mileage. Any employee required to use their personal vehicle in the performance of their duties shall be paid at the IRS mileage rate.

28.6.        Licenses/Certification. For any employee required to have a Commercial Driver's License (CDL) the City will pay for recurring license and physical examination costs.

29.1.        Only such existing and future work rules and benefits as are expressly and specifically covered by the terms of this Agreement shall be affected by the recognition of the Union and the execution of this Agreement. It is jointly recognized that the City must retain authority to fulfill and implement its responsibilities and may do so by work rules, oral and written, existing or future. It is agreed that no work rules will be promulgated or implemented which are contrary to the terms of a specific provision of this Agreement. All written work rules, existing or future, will be furnished to affected employees. The City agrees to reduce major changes in work rules to writing and provide the Union with such changes.

30.1.        The purpose of the stand-by program is to provide emergency coordination and response during time other than regular working hours. An employee on stand-by will receive ten (10) hours compensatory time or pay, per week of stand-by duty, plus call back and overtime for actual time worked. Contractual call back provisions will apply only when it is necessary for an employee to actually respond to the emergency site.

30.2.        An employee on stand-by for less than one week will receive compensatory time or pay at the rate of one (1) hour per scheduled workday and 2.5 hours per scheduled day off, e.g., weekend day.

30.3.        Participants in the stand-by program will receive four (4) additional hours compensatory time or pay for each contractual holiday, which occurs during their scheduled stand-by time.

30.4.        Public Works Stand-by Program. In order to staff the stand-by program, the City will periodically ask for volunteers from qualified Public Works and Parks employees. In so far as reasonably possible, all the qualified employees will be afforded the opportunity to participate in the stand-by program equally. The City may assign each volunteer to be on call for a one (1) week stand-by period. In the event there are insufficient volunteers to provide adequate coverage, the Union agrees that a mandatory program will be instituted and both parties agree to bargain the elements of that program if and when the need arises. A beeper, cell phone and a pickup will be provided to the employees during stand-by hours for use in response to an emergency.

31.1.        The City agrees to abide by standards of safety and health in accordance with Oregon Statutes and Administrative Rules. Safety and health issues should be brought to the attention of the City Safety Committee.

32.1.        Should any article, section, or portion thereof of this Agreement be held unlawful or unenforceable by an opinion of the Attorney General of the State of Oregon or by any court of competent jurisdiction over the subject matter, such decision shall apply only to the specific article, section, or portion thereof, directly specified in the decision. Upon the issuance of any such decision, the parties agree to meet to negotiate a substitute, if possible, for the invalidated article, section, or portion thereof. All other portions of this Agreement, and the Agreement as a whole, shall continue without interruption for the term hereof.

33.1.        The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter appropriate for collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement. During the life of this contract, however, the parties may bargain collectively about the terms of successor collective bargaining agreements.

34.1.        This Agreement shall become effective as of the 1st day of July 2005 and shall remain in full force and effect until the 30th day of June ____, or the signing of a subsequent agreement, whichever last occurs. This Agreement shall automatically reopen on the 1st day of January ____ for negotiations for a successor agreement.

34.2     It is understood that the health insurance elements of the agreement shall be retroactive back to the beginning of the current policy year which is August 1, 2005. All other aspects of the Agreement shall be retroactive to July 1, 2005.

34.3.    This Agreement may be amended at any time by mutual agreement of the Union and the City; such amendments shall be in writing and signed by both parties.

In Witness Thereof, the parties hereto have set their hands this ___day of ________, 2005.

For the City:                                                      For the Union:                                            

 


Ronald A. Garzini, Interim City Manager              Susan Skites, Council Representative

 

 

 


Norman B. King, Mayor                                          Susan Anderson, President

 

 

 


David Holmgren, Director of HR                       Gill Bjerg, Vice President

 

 

 


Ken Worcester, Negotiating Team                       John Nomie, Negotiating Team

 

                                                                        ___________________________

                              Jeff Randall, Negotiating Team

 

                               

Jennifer Whiting, Negotiating Team