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THE
CITY OF WEST LINN
and
THE
CITY OF
LOCAL
350‑1, COUNCIL75
American
Federation of State, County and Municipal Employees
AFL-CIO
Table of Contents................................................................................................................ 2
Preamble............................................................................................................................. 4
Article 1. Recognition..................................................................................................... 4
Article 2. Fair Share/Dues and Payroll Deductions........................................................ 5
Article 3. Management Rights....................................................................................... 6
Article 4. Grievance Procedure...................................................................................... 7
Article 5. Personnel File.................................................................................................. 9
Article 6. Posting and Filling of Vacancies................................................................... 10
Article 7. Hours of Work............................................................................................... 10
Article 8. Seasonal Employee....................................................................................... 12
Article 9. Job Sharing.................................................................................................... 12
Article 10. Overtime/Compensatory
Time/Call Back................................................ 13
Article 11. Seniority and
Probation Period................................................................. 15
Article 12. Layoff - Recall............................................................................................ 16
Article 13. Working Out of
Classification................................................................... 18
Article 14. Protective Clothing.................................................................................... 18
Article 15. Drug and Alcohol
Testing Policy............................................................... 19
Article 16. Vacations................................................................................................... 19
Article 17. Holidays...................................................................................................... 20
Article 18. Sick Leave.................................................................................................. 21
Article 19. Workers
Compensation............................................................................. 22
Article 20. Insurance.................................................................................................... 23
Article 21. Retirement................................................................................................. 25
Article 22. Bulletin Boards........................................................................................... 26
Article 23. Stewards.................................................................................................... 26
Article 24. Bereavement Leave.................................................................................. 26
Article 25. Military Leave with Pay............................................................................ 27
Article 26. Other Leaves.............................................................................................. 27
Article 27. Discipline and Discharge............................................................................ 28
Article 28. Wages........................................................................................................ 29
Article 29. Retirees...................................................................................................... 31
Article 30. Existing Practices....................................................................................... 31
Article 31. Stand-by..................................................................................................... 31
Article 32. Safety......................................................................................................... 32
Article 33. Savings Clause............................................................................................ 32
Article 34. Waiver and Scope of Bargaining............................................................... 33
Article 35. Term of Agreement................................................................................... 34
Attachment
“A” Side Letter of Agreement Maximum Vacation Accrual, January 2006
Attachment
“B” Memorandum of Agreement Acting in Capacity, October 2008
This Agreement is entered into between the
City of
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,
part-time, and limited-duration bargaining unit 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.
Employees cannot be both a seasonal
and temporary employee in the same fiscal year unless they become a member of
the bargaining unit.
1.6.
The City may, at its discretion,
establish new classifications or modify existing positions. The City shall
notify the
1.7.
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
The
City and the
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
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
2.6.
The
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
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;
3.3.
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. However, in no event shall the City contract out any
work currently done by bargaining unit members unless the City can actually
demonstrate that contracting out would provide the City actual savings. Such
savings cannot result from contractor paying lower wages and benefits. The City
shall comply with all applicable contracting laws. 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 ninety (90) 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.
3.4.
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 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 noting the specific provision(s) in the Agreement violated
and the remedy sought 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 with offices in Oregon and Washington shall be
requested from the Employment Relations Board. The first strike shall be
determined by a coin toss. Each party shall alternatively 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
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
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.
Inclement Weather/City Closure.
If an employee is advised by the City Manager or a department manager not to
report to work for other than a layoff or is sent home prior to the end of the
shift for other than disciplinary reasons, the employee shall be paid their
regular rate of pay.
7.4.
In the event of extraordinary circumstances,
creating an emergency, the City may change work schedules with less than ten
(10) days notice. In these circumstances, affected employees shall be paid an
additional 5% of their base hourly rate of pay for all hours worked outside
their normal work schedule. This will only apply when the employees’ normal
work schedule has been changed and will not apply to hours added before or
after a normal schedule. Employees shall be paid overtime, under Article 10,
when applicable based on their premium rate.
7.5.
Essential employees required to stay
and work during a City closure, will receive time and one half pay for work
performed after the City Manager has closed the City offices.
7.6.
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 employee’s 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.
7.7.
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
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.
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
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
11.3.
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.
11.4.
During the initial probationary
period an employee may be terminated at any time without just cause.
11.5.
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, seasonal or limited duration 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
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
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 classification 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.
12.8.6.
For purposes of bumping, seniority
shall be the total length of continuous service with the City. Seniority shall
not be pro-rated for part-time or job share employees as defined in 11.1.
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
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
Floating
Holiday
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.
With
the exception of a Floating Holiday, 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 accrue 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 five (5)
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, 2007 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, 2007, 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 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
are reduced, or have 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.
20.7.7 Voluntary
Employees Beneficiary Account (VEBA):
The City shall contribute $20.00 per employee per month into employee
VEBA accounts. Effective July 1, 2012, the City will contribute $40.00 per
month into employee VEBA Account.
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
23.1.
Employees
selected by the
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
25.1.
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. City
will abide by all applicable laws including ORS 408.290.
25.2.
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 he/she is able to
perform at the nearest appropriate class to his/her former class.
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.
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.
26.3.
Peace Corps or
26.4.
Oregon Family Leave Act/Federal
Family Medical Leave Act 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.
27.1.4.
No interview or hearing conducted by
the supervisor shall lead to disciplinary action without a union representative
present unless waived in writing by a union member. The supervisor shall advise
the employee of their right to union representation.
27.2.
Suspension, Demotion 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. Employees shall be afforded a right to respond to the charges prior to
the City handing down the final discipline.
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.
Employees
shall be compensated in accordance with the wage schedule attached to this
Agreement and marked Compensation Structure "A", effective July 1,
2010, with a base pay adjustment of 1.0 percent. In addition, effective July 1,
2010 until June 30, 2011, the City will contribute one half percent of each
bargaining unit member’s base pay to a 457 deferred compensation account.
Effective
July 1, 2011, all employees shall receive a Cost of Living Adjustment (COLA) equal
to the yearly percentage change in the Portland Consumer Price Index (CPI-W)
for the period of time ending December 31, 2010, but in no case less than 1.5
percent or no more than 4.5 percent. In
addition, each pay period, from July 1, 2011 until June 30, 2012, the City will
contribute one percent (non-cumulative) of each bargaining unit member’s base
pay to a 457 deferred compensation account.
Effective
July 1, 2012 all employees shall receive a Cost of Living Adjustment (COLA) equal
to the yearly percentage change in the Portland Consumer Price Index (CPI-W)
for the period of time ending December 31, 2011, but in no case less than 1.5
percent or more than 4.5 percent. In
addition, each pay period, from July 1, 2012 until June 30, 2013, the City will
contribute one percent (non-cumulative) of each bargaining unit member’s base
pay to a 457 deferred compensation account.
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.
The
City will send a monthly report to the Union of the names of individuals who
have retired the previous month. For
purposes of this Agreement, a retiree shall be defined as a person who has
given written notice that he/she is separating from City service by retirement
and that person has actually separated from City service.
30.1.
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
31.1.
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.
31.2.
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.
31.3.
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.
31.4.
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
32.1.
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.
33.1.
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.
34.1.
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.
35.1.
This
Agreement shall become effective as of the 1st day of July ____ 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 March ____ for
negotiations for a successor agreement.
35.2.
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 ________, 2010.
For the City: For
the
Christopher Jordan, City Manager Stacey Chamberlain,
Council Representative
Jeri Knudson, Director of HR Teresa Zak, President
Mike Cardwell, Negotiating Team Gill
Bjerg, Vice President
Bob Gibson, Negotiating Team Jeff Randall, Negotiating Team
Brad
Painter, Negotiating Team