AGREEMENT AND PURPOSE

THE PARTIES OF THIS AGREEMENT are the CITY OF LEBANON and the AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, AFL‑CIO local 2043, hereinafter named City and Union respectively. The purpose of this document is to establish full agreement between the parties relating to wages, hours, and working conditions and the resolution of differences for employees as set forth in the Articles of this Agreement.

ARTICLE I. RECOGNITION

1.1 The City recognizes the Union as the sole and exclusive bargaining agent for all regular full‑time (twenty hours per week or more) employees except for members of other certified bargaining units, with respect to matters relating to wages, hours and working conditions. Supervisory employees, confidential employees, part‑time employees, seasonal employees hired for less than one hundred twenty (120) days (except seasonal parks employees may be hired for up to one hundred fifty (150) days), persons hired for a limited period of time, and the Maintenance Apprentice Program are specifically excluded.

1.2 Should the CITY substantially modify an old or existing classification or create a new classification, the following shall apply:

(A) The applicable wage rate shall be temporarily established by the City and notice given to the Union of the rate, and the newly modified classification description.

(B) The rate so established by the City shall become permanent at the end of one month from the date of the notice above unless the Union requests negotiations for a permanent rate within that time period.

1.3 Division of Labor. Work presently performed by members of the bargaining unit shall not be transferred out of the bargaining unit without providing the Union written notice, information, and the opportunity to bargain the proposed action. Except for work that has been subject to the process outlined in the Memorandum of Understanding that is included as part of this contract. This provision does not preclude continuation of current practices or that which would have a deminimus impact upon the members of the bargaining unit.

ARTICLE II. NONDISCRIMINATION

This Agreement shall apply equally to all members of the bargaining unit, regardless of race, sex, age, creed, color, national origin, or political affiliation. The Union and the City shall equally share the responsibility for upholding this provision of the Agreement and this provision shall not be subject to the arbitration step of the grievance procedure. All references to employees in this Agreement designate both sexes and wherever the male or female gender is used, it shall be construed to include both male and female employees.

ARTICLE III. UNION RIGHTS

3.1 FAIR SHARE

(A) The City agrees to deduct the uniformly required Union membership dues each month from the pay of those employees who have authorized such deduction in writing. Except as provided in Section 3.1(B) and upon authorization by the employee to the City, an amount equal to the uniformly required dues will be deducted from the pay of all bargaining unit members.

The amounts so deducted shall be remitted on a monthly basis to the local Union, or as designated by the Union, with a list of the employees subject to the deduction.

(B) Any individual who objects to a payment-in-lieu of dues based on bona fide religious tenets or teachings of a church or religious body of which such employee is a member (or a sincerely held religious belief) will inform the AFSCME Council 75 representative of the objection. If the objection is valid, the employee will meet with representatives of Council 75 and establish a mutually satisfactory arrangement for distribution of a contribution of an amount of money equal to regular or fair share union membership dues, as appropriate, to a non-religious charity or charitable organization mutually agreed upon by the employee and the Union. The employee shall furnish written proof to AFSCME Council 75 that payment has been made as appropriate.

(C) For the purpose of calculating months to determine the beginning or end of the payroll deductions called for in Section A or B of this Article, dues or like amounts shall be deducted for any calendar month during which the employee works forty (40) hours or more.

(D) The Union will indemnify, defend and hold the City harmless against any claims made and against any suit instituted against the City as a result of any City action taken pursuant to the provisions of this Article, including termination of employees directed by the Union for non-payment of dues or charitable contributions pursuant to Sections A and B, above. The Union and the City agree to reimburse any monies paid or not paid in error within thirty (30) days of notification of such error.

3.2 BUSINESS REPRESENTATIVES

Upon reasonable notice and proper introduction, official union representatives may be allowed access to the work area. Such visits shall be confined to lunch and break periods and shall be attended by not more than two authorized union representatives at one time. At no time shall visits cause an interruption of work. The Union shall provide the City with an updated list of authorized representatives.

3.3 STEWARDS

Employees who are also Union representatives will be allowed time away from their work assignments without loss of pay when required for the specific purpose of adjusting or avoiding grievances under the procedures defined in the grievance procedure of this Agreement.

The City may change the time of the meeting if the steward's absence from work would, in the City's judgment, constitute an undue disruption of work.

Except as provided above, and in Section 3.5, all time taken off by stewards shall be without pay.

3.4 BULLETIN BOARDS

The Union will be allowed use of adequate space on City bulletin boards to post information regarding Union business. Specifically, such notices will include information about time and place of meeting, Union social and charitable activities, and posting of official Union publications.

3.5 CONTRACT RENEWAL

The Union's negotiation team, to be comprised of no more than three (3) on‑duty employees, shall be permitted to attend negotiation sessions with the City without loss of their regular pay relative to securing contract renewal, but shall not require the City to pay overtime should the negotiations extend past the employees normal quitting time.

3.6 CONTRACT PRINTING AND DISTRIBUTION

The City shall, at no cost to the Union, make available to each bargaining unit member a copy of this Agreement.

3.7 ACCESS TO CITY FACILITIES

The Union shall have the right to enter City facilities when off duty to conduct Union business.

ARTICLE IV. EMPLOYEE BENEFITS

4.1 HOLIDAYS

(A) Legal Paid Holidays:

The following are Legal Paid Holidays:
New Year's Day	January 1st
Martin Luther King, Jr. Day	3rd Monday in January
President’s Day	3rd Monday in February
Memorial Day	Last Monday in May
Independence Day	July 4th
Labor Day	First Monday in September
Veteran's Day	November 11th
Thanksgiving Day	Fourth Thursday in November
Friday following Thanksgiving Day	Fourth Friday in November
Christmas Eve Day	December 24th
Christmas Day	December 25^th
If an employee's normally scheduled days off are Saturday and Sunday, the following applies: (1) If the holiday falls on a Saturday then the preceding Friday shall be the holiday. (2) If the holiday falls on Sunday the following Monday shall be the holiday. (3) If Christmas Eve falls on a Sunday the previous Friday shall be the holiday. (4) If Christmas Eve falls on a Friday the previous Thursday shall be the holiday. (5) If an employee's normal days off are other than Saturday and Sunday and the holiday falls on one of the scheduled days off, the employee shall be able to take an alternative holiday at the mutual convenience of the employee and the City.

(B) Holiday Pay

All bargaining unit members shall receive eight (8) hours of holiday pay on all scheduled holidays regardless of their work schedule. All bargaining unit members working ten (10) hour, four (4) day weeks will use two (2) hours of personal holiday, compensatory or vacation to make up their forty (40) hour work week.

(C) Personal Holidays

In addition to the holidays noted above employees shall receive twenty-four (24) hours of personal holiday time per year. Personal holidays shall be granted at the beginning of each fiscal year and shall be utilized during that year. Supervisors shall be responsible for notifying employees on the first workday of June of any personal holidays not yet taken by the employee. If the supervisor does not allow the employee to take the day(s) off prior to July 1st or if the supervisor fails to notify the employee of personal holidays not taken, the personal holiday(s) shall be carried over into the new fiscal year and added to the employee's accumulated vacation time.

New employees shall be granted personal holidays according to the schedule below. The new employee shall not be allowed to take the personal holiday(s) until successful completion of the six (6) month probationary period. If the probationary period is not concluded by June 30, then the personal holiday hours will be carried over into the next fiscal year.

Personal Holidays For New Hires
Date of Hire	Hours that can be Accrued
July 1 ‑ Sept. 30	24 hours
Oct. 1 ‑ Dec. 31	24 hours
Jan. 1 ‑ March 31	16 hours
April 1 ‑ June 30	0

An employee is eligible for holiday pay from date of hire, but must have worked the last scheduled workday before and the first scheduled workday after the holiday or have been on authorized leave.

If an employee is on authorized vacation or sick leave with pay when a holiday occurs, such holidays shall not be charged against such leave.

Eligible employees shall receive one day's pay for each of the holidays listed in Section 4.1(A) on which they perform no work. Part-time employees shall have the holiday hours prorated to position FTE. Employees required to work on a recognized holiday shall be compensated for all hours worked on the holiday at one and one‑half (1‑1/2) times the established straight time rate, in addition to their regular holiday pay. Employees will be encouraged to take compensatory time off for overtime accrued on the holiday. The City will grant the employee's preference in payment consistent with its service level and budgetary requirements. If the employee's preference cannot be met, the City will give reasonable notice of the method of compensation.

4.2 HEALTH AND INSURANCE BENEFITS

(A) Medical, Dental, and UCR Vision Insurance

The City agrees to pay, for the duration of this Agreement, the cost of full family medical, dental, orthodontic, vision and short term disability insurance for the previously established plan (Teamsters Trust) or an alternative plan selected by the City for those employees and dependents presently enrolled and receiving such coverage. Employees or their dependents not presently enrolled shall be eligible to become so enrolled during the plan's established open enrollment period. Those represented employees who work 20 or more hours per week (up to 39 hours) shall have their medical, dental, and vision insurance premiums paid on a monthly prorated basis, in accordance with the City’s Policy and Procedures Manual (Section 21.3).

If there is a change in the current insurance provider, only this section (4.2 A and B) shall be reopened for re-negotiation.

(B) Employee’s Share of Health Insurance Costs

Starting January 1^st, 2006, 1% of each employee’s Gross Salary shall be automatically deducted from their paycheck, through a pre tax premium reduction 125 plan to be applied towards the health insurance premium. If an employee chooses not to go through the pre tax reduction plan, they may contact Payroll, and arrange for their premium to be paid post tax. Beginning January 1, 2007 (and each subsequent January 1^st during the life of this contract), an additional .1% will be deducted for each full percentage point of health insurance premium increase (of the prior December) in excess of 7%. However, the total monthly deduction shall not exceed 1.5% of “Base Salary.”

(C) Flexible Spending Plan, IRS 125

The City agrees to maintain a flexible spending plan, IRS 125.

(D) Life Insurance

For the duration of this Agreement, the City shall provide a Fifty Thousand Dollar $50,000 24-hour life insurance policy for employees only.

(E) Long Term Disability Insurance

A long term disability insurance program will be provided by the City to supplement existing sick leave benefits. The disability plan shall pay sixty‑six and two‑thirds percent (66‑2/3%) of the basic monthly salary (to a $4,500 maximum covered monthly salary); it shall have an elimination period of ninety (90) days and a maximum benefit period to age 65.

(F) Workers’ Compensation

Pursuant to applicable law, the City shall continue to provide coverage under the Workers' Compensation Plan for job connected injuries or disabilities.

In the event an employee suffers an injury while on the job with the City for which he or she is eligible for time loss benefits, such employee shall continue to receive the Medical, Dental, Vision, Long‑term disability and Life Insurance benefits provided for herein for the first one hundred eighty (180) calendar days of such injury.

In addition to Workers' Compensation payments the City shall pay the difference of such payments and the employee's regular net salary for the first one hundred eighty (180) calendar days the employee is off due to a compensable injury. Thereafter, the employee shall be charged a day of accrued sick leave for each day the City subsidizes the difference between workers’ compensation benefits and regular net pay.

Once returned to work, any medical appointments as a result of an injury will be chargeable to sick leave, unless paid for or required by the workers' compensation insurance or the City, in which case the Employee will be given paid time off and mileage and any other pre‑approved expense related to the appointment. Medical progress reports verifying the need to be on medical leave may be required prior to the approval of City payment or authorization of sick leave utilization. During any period of workers' compensation related disability absence from regular employment, all existing levels of sick leave and vacation benefits will be frozen from further accrual until the employee returns to work.

4.3 RETIREMENT

(A) For the duration of this Agreement, the City shall continue the current retirement plan.

(B) Deferred Compensation Programs: The City will offer no less than the three existing Deferred Compensation programs to the Union. These programs shall remain available through the life of the contract. Programs may be added during the contract as long as they are approved by the City and the Union.

4.4 LEAVES

(A) Sick Leave

Sick leave shall be accrued at the rate of eight (8) hours for each full pay period worked starting with employee's date of hire. Sick leave may be used after completing one (1) month of employment with a maximum accrual of eleven hundred sixty (1160) hours. A full pay period is defined as being in an unpaid status for no more than twenty-four (24) hours in a month. Employees with more than twenty-four (24) hours in an unpaid status will receive no accrual for that pay period.

Unused sick leave shall not be compensated upon termination. Upon retirement, fifty percent (50%) of the employee's accrued sick leave will be applied to the employee's final retirement calculation as prescribed by ORS 237.153.

Sick leave accrual will be reported by the Finance Department to each employee on a monthly basis. Misuse of sick leave is grounds for disciplinary action up to and including dismissal. The City may require doctor's verification of all illness. Sick leave will not be allowed for disabilities or illness resulting from outside employment other than self employment, when those injuries are covered by workers’ compensation from another employer.

(B) Family and Medical Leave

The City shall comply with the requirements of the federal Family and Medical Leave Act and the Oregon Family Leave Act.

When an employee must be away from the job because of serious illness of a family member (see Glossary for definition of Family Member) he/she may request time, which shall be granted upon notification to the department head and charged against the employee's sick leave. Employees must use accrued sick leave before other types of leave benefits are utilized.

(C) Sick Leave Incentive

In an effort to encourage appropriate use of sick leave, the following incentive is offered. Employees who were employed continuously by the City from July 1 to June 30 and who used twenty‑four (24) or less of the accrued ninety‑six (96) hours of sick leave during that time period may choose:

(1) Either to be paid thirty-three and one third percent (33 1/3%) of one day defined as eight (8) hours of salary for each month in which no sick leave is used. Two and sixty seven hundredths of an hour (2.67) shall be deducted from the accrual for each month payment is made. The payment for up to one (1) year’s accrual (32 hours) at the current rate is to be paid in the November paycheck.

(2) Or, the employee may elect to waive the payout and accrue the full eight (8) hours of sick leave. Employees at the maximum of 1160 hours have the same choice as above with no sick leave either accruing or deducted from their paycheck for the purpose in this section.

(D) Sick Leave Pool

An employee who has accumulated the maximum amount of sick leave, one thousand one hundred and sixty (1160) hours will automatically donate excess sick leave into a sick leave pool. The Union shall be provided with an annual accounting of time in the pool.

Upon exhaustion of their own personal sick leave, compensatory time, holiday and vacation time, any employee covered by the terms of this Agreement shall have the right to appeal in writing, or in person, and request extra sick leave time, to be drawn from the sick leave pool.

The membership of the board shall be as follows: (1) Two members designated by the Union; and, (2) One member appointed by the City Administrator.

The purpose of this board shall be to hear requests from members of the bargaining unit for the use of sick leave that has accumulated with the sick leave pool. The board shall hear either in writing, or through a personal presentation, an appeal for the use of such time. The employee appealing for such time may designate a representative to speak before the board on behalf of said employee. The review board after hearing the presentation may deny or grant a maximum of one hundred sixty (160) hours per calendar year to the requesting party.

The Union shall advise the City Administrator of all proposed uses of the sick leave pool.

In the event the sick leave pool does not have sufficient accumulated hours to cover an approved request for sick leave, employees may voluntarily donate sick leave hours to the pool. The donating employee must have five hundred and sixty (560) hours remaining after the donation to the pool.

The City will recognize the hourly donation and credit the amount to the recipient’s sick leave account. If there is a difference in the donor’s and recipient’s rate of pay, the amount credited to the recipient shall be calculated according to City policy.

(E) Compassionate Leave

In the event of a death of an employee's family member (Section 21.20 of the Policy and Procedures Manuel), an employee may be granted by the department head, a leave of absence up to twenty four (24) hours without loss of pay. This leave shall be separate from sick leave and shall not accumulate from year to year.

(F) Witness/Jury Duty

When an employee is called for jury duty or is subpoenaed as a witness under circumstances beyond his or her control, and where such duties can be construed to be in the public interest, he or she will be continued at full salary for the period of the required service. All monies received as witness fees or pay for jury duty must be signed over to the City, unless such fees are earned on employee's days off or during other authorized leave without pay. Employees will be expected to report to work when less than a normal workday is required by jury or witness duties. The foregoing shall not apply if the employee is a party in interest to the proceeding.

(G) Military Leave

Military leave shall be granted in accordance with the Oregon Revised Statutes.

(H) Union Leaves

An employee who is elected to a position of responsibility in the Union may be granted a leave of absence without pay, or accrual of other benefits if requested by the Union, for a period not to exceed one (1) year. Applications for such leave shall be reviewed by the City Administrator, and may be granted or denied at the Administrator's discretion.

(I) Leave of Absence

Upon the written request of a regular employee, the City Administrator may in writing, grant an employee leave of absence without pay for a period not exceeding twelve (12) months. Such request shall include the reason for requesting such leave and establish reasonable justification for consideration by the City. An employee shall not accrue benefits or seniority during such leave, but will be reinstated with all previously earned leave and seniority upon his or her return to work.

4.5 VACATIONS

(A) Accrual

Full-time employees shall accrue working days of vacation per calendar month of service computed as outlined herein.
Years of Service	Hours Per Month	Days Per Year	Hours Per Year
0 - 1	6.66	10	80
1 - 2	7.33	11	88
2 - 3	8.00	12	96
3 -4	8.66	13	104
4 - 5	9.33	14	112
5 - 6	10.00	15	120
6 - 7	10.66	16	128
7 - 8	11.33	17	136
8 - 9	12.00	18	144
9 - 10	12.66	19	152
10 - 15	13.33	20	160
15 - 20	16.33	24.5	196
20 to 25	18.00	27.00	216
25 or more	20.00	30.00	240

(B) Earned Vacation Per Pay Period

Accrued vacation shall be credited as earned vacation for each full pay period of service in accordance with the above, except that vacation accrued during the first six (6) months of continuous service shall not be credited as earned vacation until the employee completes the first six (6) months of continuous service. A full pay period is defined as being in an unpaid status for no more than twenty-four (24) hours in a month. Employees with more than twenty-four (24) hours in an unpaid status will receive no accrual for that pay period.

An employee's earned but unused vacation credits shall be allowed to accumulate up to a maximum of two (2) times the employee's annual rate of accrual.

An employee who has more than eighty (80) hours of vacation on the books can cash out up to forty (40) hours of the excess over eighty (80) hours during each fiscal year.

(C) Utilization

Scheduling of vacations should be mutually agreed upon by the employee and his/her supervisor and approved by the department head.

Preference in vacation scheduling, extra days or any other choice given to members shall be by seniority. Seniority is defined as total length of unbroken service to the City as a regular full‑time employee. Each employee may exercise seniority one (1) time each year in the scheduling of a single vacation. If conflicts occur between scheduled vacation, and senior employees scheduling extra days off, vacation time off will be given preference. The City reserves the right to cancel vacations in the event of an emergency when public health and safety is jeopardized.

The foregoing shall not preclude the possibility of several employees within a given department or division as applicable being allowed to take vacation at the same time, nor shall it preclude the possibility of denying requested vacation to an employee or several employees while other employees are allowed to take vacation when such denial of vacation is due to operational requirements that do not uniformly affect all employees in the given department or division.

(D) Termination

Regular employees terminating employment with the City with vacation credit accrual shall be paid for those credits at the employee's wage rate at the time of termination.

4.6 WAGES

Employees shall be compensated in accordance with the wage schedule attached to this Agreement (Appendix A) which by this reference is incorporated into and made a part of this Agreement.

Effective July 1, 2005 the salary schedule (Appendix A) shall be increased as follows:
Date of Increase	Rate of Increase
July 1, 2005	1.25%
July 1, 2006	A minimum of 1% to a maximum of 3.5% All Cities CPI-W January to December
July 1, 2007	A minimum of 1% to a maximum of 2% All Cities CPI-W January to December
July 1, 2008	A minimum of 2% to a maximum of 4.5% All Cities CPI-W January to December

(A) Step Increases:

· All employees with satisfactory performance shall advance to the next available step of the salary schedule on the anniversary of their hire date, most recent Step Increase, or LGPI Grade Increase (Salary Eligibility Date). In the event, the City fails to provide the employee with an evaluation, no later than 30 days after the anniversary date, the employee shall advance to the next step at the appropriate anniversary date. If an employee has reached the top step increase of their salary range, the employee’s supervisor may elect to give the employee a one time bonus per evaluation period, with concurrence of the City Administrator.

· New Step E: Employees advancing to Step E will be eligible after 7 years of employment with the City.

· An employee may appeal to step 2 of the Settlement of Disputes Section 5.7 within 10 days, if the City does not advance him/her to the next step due to less than satisfactory performance.

· In the event the matter is not resolved, the employee may request that the City Administrator form a Resolution Committee. The Resolution Committee shall consist of one Union representative and one City representative and a third member approved by both parties. The Committee’s decision shall be final and binding.

(B) Classification and Compensation System

Both parties agree to participate in the Classification and Compensation Review Committee (CCRC). The CCRC will be made up of three (3) AFSCME-appointed representatives and three (3) City-appointed exempt representatives. The City may add a management representative and a Union representative from the Police Department. The CCRC shall have the authority to review classification appeals from employees and/or their supervisors. The reviews shall be conducted according to the current position evaluation manual and in a manner that will allow the employee an opportunity to be present and submit any information relevant for their review. Employees shall have the opportunity to have a Union Representative present at the time of the review. The CCRC shall make its recommendations to the City for approval. In the event consensus for recommendation cannot be reached, the information shall be forwarded to the City for a determination and the City shall respond in writing to the employee, the CCRC, and the Union within thirty (30) days. In the event the employee and the Union disagree with the City’s determination, the disagreement may be submitted to step 4, and, if the Union requests, step 5 of section 5.7.

The CCRC shall review position classifications made at the request of the employee and submitted once a year prior to October 1, such requests shall be evaluated annually between October 1 and October 31 of each year, provided the supervisor has not made the request that fiscal year. The employee shall be limited to one request per year. Requests made by supervisors shall be evaluated upon submission to the CCRC at any time during the year.

When a CCRC review results in a position reclassification to a higher pay grade, the change shall be made retroactive to the previous July 1 of the current fiscal year to the date the duties were assigned in the current fiscal year.

Salary increases due to reclassifications shall be as a minimum the step level which exceeds their current salary and may be considered at a higher step level if deemed appropriate by the department manager.

When the CCRC review results in a lower position classification the position grade shall be revised to the appropriate grade on the first day of the next pay period, and shall carry the same salary step to the new position grade.

(C) Career Recognition Pay

Effective July 1, 2005, the following shall be applied to the base wage.

Qualifying Date With City (Bargaining Unit Seniority)	Recognition Pay Percent
Month 97 (8 years of bargaining unit seniority) (Eliminated 7/1/05 except for those individuals already qualified[1])	1%
Month 120 (10 years of bargaining unit seniority) (Begins 7/1/07)	1%
Month 181 (15 years of bargaining unit seniority)	2%
Month 241 (20 years of bargaining unit seniority)	3%
Career recognition pay is subject to the provisions in 4.6(A) (above).

4.7 TRAINING AND EDUCATION

The City of Lebanon encourages its employees to improve their skills and qualifications through job‑related educational development. The employee's educational development benefits both the City and the employee and allows increased employee access to promotional opportunities. It is therefore the City's policy to reimburse City employees, within annual approved budgetary guidelines, for the cost of tuition and books for job related courses that have been requested by the employee, subject to approval by the department head. If the employee requests and receives approval to take a given course, the employee must provide the department head proof of completion of the course with a grade of "C" or better to be eligible for cost reimbursement.

The City agrees to pay in advance the costs of tuition and books (up to $150 per term per employee) for courses that have been requested by the employee and approved by the department head. Prepayment of educational costs as outlined above is subject to the availability of funds within the annual approved budget and conditioned upon the employee signing a statement authorizing the City to deduct from the employee's paycheck all monies advanced to the employee in the event that he/she fails to complete the course(s) with a grade of "C" or better or is separated from City employment prior to completion of the course(s).

For courses taken at the request of the City, the City will pay in advance, for all costs of tuition, books, transportation, meals and lodging associated with that training.

ARTICLE V. CONDITIONS OF WORK AND OTHER POLICIES

5.1 HOURS AND DAYS OF WORK

(A) Work Week

A normal workweek shall consist of a forty (40) hour shift schedule during a seven day calendar period commencing midnight Sunday and ending at 11:59 p.m. on the following Saturday.

(B) Hours

An individual employee work week shall normally consist of five (5) consecutive workdays, Monday through Friday, followed by two (2) consecutive days off.

Deviations to this Monday through Friday schedule may be made by:

(1) A mutual agreement between an employee and their supervisor with the Concurrence of the City Administrator; or,

(2) A negotiated agreement between the Union and the City for particular positions; or,

(3) A clear and compelling operational need expressed in writing to the Union by the Division Manager/Director with the concurrence of the City Administrator.

(4) Specific Divisions (e.g., Maintenance, Library, and Senior Services) already have work Weeks that differ from the above noted schedule of five (5) consecutive workdays. For example, the Maintenance Division typically has a normal work week consisting of four (4) consecutive ten (10) hour work days followed by three (3) consecutive days off.

(C) Schedules

Except for those “deviations” provided for in 5.1 (B)(1)(2) work schedules showing workdays, shift assignments, and work hours will be posted ten (10) calendar days in advance by the City on bulletin boards available to employees. Except in urgent circumstance outside City control, established work schedules will not be changed unless reasonable notice is given to the affected employees. Nothing in this Section or any part of this Agreement shall be construed as a guarantee of hours of work.

Should the City propose for longer than two consecutive weeks a “graveyard” shift, a “split shift”, “swing” shift, or “weekend” shift in place of any employees’ current normal work week, it shall notify the Union in writing and provide an opportunity to bargain the conditions of employment.

(D) Standby

Employees required to be accessible by telephone or pager and available for dispatch to the job shall receive one (1) hour's pay at their straight time hourly rate for every ten (10) hours of standby time for the duration of such standby period. Such pay shall not be counted as hours worked for purposes of computation of overtime pay, nor toward the required forty (40) hour workweek.

(E) Rest Periods/Lunch Periods

All employees shall be granted a fifteen (15) minute rest period during each one‑half (½) shift, except in emergency/urgent situations. Rest periods shall be taken at approximately the middle of each one‑half shift as designated by the supervisor.

All employees shall be granted a lunch period of not less than one‑half (½) hour or more than one (1) hour, except in emergency or urgent situations. Such lunch periods shall be without pay and be utilized at approximately the middle of the work shift as designated by the supervisor.

In the event an emergency or urgent situation prohibits an employee from taking their assigned rest break/lunch period, the supervisor shall ensure the employee be relieved, as soon as possible, for lunch and/or break after the emergency or job necessity has been resolved.

(F) Meal & Rest Periods During Overtime

Employees will be allowed paid meal and rest periods during call back and contiguous overtime hours of work at the same frequency as (E) above, i.e. meal periods within every four (4) hours and a rest period after two (2) hours of work. The meal period shall be a paid twenty (20) minute period. The City shall reimburse the employee for reasonable meal expense for which a receipt is provided to the City.

Employees are eligible for a rest period at the beginning of a continuous overtime shift that is anticipated to be over one hour.

5.2 OVERTIME/COMPENSATORY TIME

(A) Overtime:

1. Daily:

Employees required by the City to work more than one (1) hour more of the actual work or duty time than their normal workday hours in any twenty-four (24) hour period [beginning at 12:01 a.m. and except for those “deviations” as provided in 5.1 (B)(1)(2)] shall receive overtime or compensatory time. No Leave Time or compensatory Time, except for Jury Duty, shall count for the purpose of calculating overtime or compensatory time on a daily basis. In no case shall overtime be paid twice for the same hours.

2. Weekly:

Employees shall be paid overtime or accrue compensatory time for all hours actually worked over forty (40) hours per week. Any leave, except legal holidays and jury duty, shall not count towards the forty (40) hours worked for the purpose of calculating overtime or compensatory time on a weekly basis.

3. Managerial Discretion and Flex Time:

Supervisors shall have the opportunity to flex the employee’s hours in order to reduce or eliminate overtime upon notice to any affected employee at least twenty-four (24) hours in advance of working a non –typical schedule.

4. Computation of Overtime:

Overtime shall be computed to the nearest one-quarter (1/4) hour. Overtime pay shall be based on the actual number of hours the employee has worked.

5. Overtime Rate:

The overtime rate shall be time and one-half (1.5) the regular rate of compensation.

6. Required Additional Hours:

In the event that sufficient acceptable personnel do not accept additional hours on a voluntary basis or in the event of an emergency, such additional personnel as are deemed necessary by the City may be required to work additional hours.

7. Equitable Distribution of Additional Hours:

Except in instances where a special project is being completed, or special skills or experience are required, every reasonable effort will be made to distribute additional hours equitably among employees that desire additional hours in their classification, in which additional hours occurs. If disagreements arise under this Section, and evidence exists indicating an inequity, a reasonable time will be allowed the City or Department Head to adjust additional hour distribution.

8. Maintaining Additional Hours Records:

The City shall maintain for four years a record of all addition hours worked and shall make the record available to any employee in the work section where the additional hours were worked, or to the affected employee’s representative.

(B) Callbacks

Two (2) consecutive hours of overtime will be guaranteed in instances of unscheduled callbacks. Overtime for callback time may only be authorized by department head or other designated supervisory personnel.

(C) Compensatory Time

1. Preference for Compensatory Time:

Employees will be encouraged to take compensatory time off for accrued overtime or any additional hours worked. The City will attempt to grant the employee’s preference in payment (i.e. time off or cash) consistent with service level needs and budgetary requirements. If the employee’s preference cannot be met, the City will give reasonable notice of the method of compensation. [See 5.2-C.4. (b)]

2. Annual Accrual Limits:

Compensatory time may be accrued up to a one hundred and twenty (120) hour limit each calendar year.

3. Use of Accrued Compensatory Time:

Accrued compensatory time may be used at the employee’s discretion with the supervisor’s approval in the same manner as other leave requests. The City may deny a specific requested time for such leave by the employee if that use of the compensatory time would unduly disrupt the City’s operations. In this case, the employee would request an alternate time for the leave and use of the compensatory time.

4. Cashing Out of Accrued Compensatory Time:

All compensatory time not taken as leave will be cashed to the special pay plan (401(a). Compensatory time will only be cashed in March of each year, or at the time of termination.

(a) Rate of Compensation:

(i) Cashed out hours shall be paid at the regular hourly rate as eligible hours have already been increased by 50% when entered into the accrual. For example: someone working thirty (30) hours of overtime will receive forty-five (45) hours in their compensatory time accrual.

(ii) Per the provisions of Sections 5.2 (A) (1) and (2) above, employees may earn compensatory time that is not accrued at the overtime rate of 1.5. See Section 5.2 (A) (1) and (2). These additional work hours may be accrued as compensatory time at the regular rate of 1.0 per hour earned.

(b) Automatic Conversion to Overtime Pay:

Any employee who has accumulated more than one hundred and twenty (120) hours of compensatory time will have any excess hours over one hundred and twenty (120) automatically paid as overtime on the employee’s pay check for any month the total exceeds the one hundred and twenty (120) hour ceiling.

5. Annual Transfer to Special Pay Plan of Accrued Compensatory Time in Excess of Sixty (60) Hours:

Any employee who has accumulated more than sixty (60) hours of Compensatory Time, up to the ceiling of one hundred and twenty (120) hours by December 24^th of each year, has two options to lower their total to sixty (60) or fewer hours by the following February 24^th.

Finance will send out notice of employee’s compensatory time balance by January 31^st to all employees with more than sixty (60) hours in Compensatory Time remaining from the previous year. Employees will reply in writing (an email will suffice) to Finance by February 15^th as to their intentions to use these hours as leave, or leave or have them paid to the Special pay plan as noted below in 5.2 (C)(5)(B).

(a) Leave Request Option:

Between January 1^st and February 24^th of each year, any time off requests for use of compensatory time will first draw down and use hours from the previous year’s balance greater than sixty (60) hours.

(b) Special Pay Plan Option:

Any employee who still (by February 24^th) has accrued compensatory time hours from the previous calendar year in excess of sixty (60) hours shall cash twice the excess hours into the Special Pay Plan [401(a)]. The actual transfer into the 401(a) Special Pay Plan will take place at the end of March[2].

Example: An Employee still has seventy-five (75) hours of accrued compensatory time remaining from the previous calendar year after any leave hours have been taken. This option would result in thirty (30) hours of compensatory time being transferred to a “Special Pay Plan” [401(a)] at the end of the following March. This would also lower their accrued compensatory time remaining from the previous year to forty-five (45) hours that would be carried over into the new year.

6. Annual Automatic Carry-over of Accrued Compensatory Time:

Compensatory time remaining (60 hours or less) after the above options have been utilized will be carried over to the current calendar year.

No more than sixty (60) hours may ever be carried over from one calendar year to the next.

5.3 WORKING ASSIGNMENT IN A HIGHER CLASSIFICATION

Except for equipment operation (as referenced in 5.6.A.3), when a bargaining unit employee is assigned temporarily to fulfill the majority of the duties and responsibilities of a classification higher than his/her own for a period of more than thirty-two (32) consecutive straight time hours, said employee shall be paid for all time worked in the higher classification at the lowest rate in the higher classification which is at least five percent (5%) above the employee's former rate.

5.4 SENIORITY

(A) Definitions

· Seniority as used in this Agreement means a bargaining unit member's length of continuous service with the City since his or her last date of hire. An employee who has not completed six (6) months of continuous employment shall not be considered to have seniority and shall not be considered a regular employee.

· An employee shall lose all seniority credit in the event of voluntary or involuntary termination or failure to return from an expired leave of absence.

· A seniority list defining positions and grades for the bargaining unit shall be posted in conspicuous places available to all employees.

· A layoff means a reduction in the City workforce.

(B) Layoffs

In the event that an employee or employees must be laid off through no fault of their own, but rather as a consequence of factors beyond their control, such as fiscal constraints or reorganization, the following provisions shall apply.

(1) Statement of Intentions: It is recognized that a situation involving forced layoffs is stressful for all involved, particularly those faced with being laid off. It is the intention of all parties to this agreement that all employees – Administration, Management, Supervisors, Union and Non-Union – treat one another with mutual respect and dignity throughout the layoff process should such an unfortunate event becomes a necessity at some future date. The City’s Personnel Policy and the pamphlet entitled “A Commitment to Professionalism” will help guide everyone in such a situation.

(2) Whenever possible, as determined by the City Administrator, the Union and potentially affected employees shall be given unofficial advanced notice prior to official notices of layoffs. Such advance notice shall be as many weeks prior to the official notice as is practical.

(3) Official notice of layoffs shall normally be made to the affected employee(s) no less than sixty (60) days by the City prior to the planned layoffs.

(4) The laid off employee(s) shall normally[3] be given a choice of receiving a sixty (60) day notice or sixty (60) days of severance pay. Laid off employees shall normally have ten (10) working days from time of notice to make this decision.

(5) The laid off employee who selects the severance pay option shall normally¹ have one (1) to five (5) full working days to remove personal items from their workspace, and to complete unfinished tasks at the discretion of their supervisor with the concurrence of the employee and the City Administrator.

(6) In the event of a layoff, employees shall be laid off in the inverse order of their seniority by position.

(7) There shall be no temporary or less than twenty (20) hour per week employees employed by the City in the affected division[4] while a regular employee is in layoff status.

(8) For the purpose of layoff (or reorganization), the City shall determine the specific position(s) to be reduced, and the following shall occur:

(a) The City shall give layoff notice to the least senior employee in that position (in same grade and division).

(b) The laid off or displaced employee shall have ten (10) work days to notify the City if the employee will invoke the employee bumping rights. The laid off employee may bump the least senior employee in an equal or lower pay grade for which the employee is qualified to fill, provided the employee has more seniority than the employee being bumped. Any employee selecting this option would not be eligible for sixty (60) days severance pay.

(c) An employee who selects a lower paid classification shall be paid at the same step level as their previous position, except where experience, training and/or skill warrant placement at a higher step, as determined by agreement between an employee and their supervisor with the concurrence of the City Administrator. However, such a placement at a higher step level shall not result in a new pay rate that exceeds their previous salary.

(d) The City may make exception to layoff on the basis of seniority where employees who possess special skills necessary to preserve the health, safety and welfare of the public would otherwise be laid off. The City shall notify the Union of any special skill requirement at least one year in advance of any layoff involving the skill. Any employee laid off because of this exception shall receive a severance package of two (2) additional months’ salary and health, dental, and vision insurance benefits after the end of the month in which the layoff occurs.

(C) Recall

Recalls from a layoff shall be made according to seniority first within the classification, secondly to any equal or lesser classification for which s/he is qualified, per the provisions of Section 5.4 (B).

In order to maintain this right to recall, an employee must register in person or by mail with the City Administrator or his or her designee upon change of address, telephone number, or at least annually signifying his or her availability for recall.

Laid off employees shall be recalled only by certified letter, and shall have five (5) days from receipt of such notification in which to inform the City of their intent to return to work and an additional ten (10) days therefore in which to report to work. An earlier reporting day may, by mutual agreement, be arranged. Recall will be for 12 months with an additional 12 months of preferred hire status (the person will be included in all in-house recruitments). The City will send a registered letter at 11 months to find if the person would like to stay on the position recall. If no answer within 10 working days the person will have no further recall or preferred hire status with the City of Lebanon.

(D) Job Posting

Vacancies in the bargaining unit shall be announced to all employees via email and posted on the Job Announcement Board in each City workplace. Employees may apply for such open positions by the regular application procedure. Present qualified employees shall be given first consideration provided their qualifications are in the City's judgment, equal to those of other applicants. If two or more qualified present employees are otherwise equally qualified in the City's judgment, first consideration shall be given the applicant with the greatest seniority in applicable job classification. No new employee shall be hired into a department or classification in which a qualified employee has recall rights.

(E) Probationary Period

Every new employee hired into the bargaining unit shall serve a probationary period of six (6) full months. By mutual agreement between the Union and the City, the employee's probationary period may be extended. The Union recognizes the right of the City to terminate new employees on probationary status at any time for any reason without recourse to appeal, and to exercise all rights, not specifically modified by this Agreement with respect to such employees, including but not limited to the assignment of on‑the‑job training in other classifications. In the event an employee is promoted (including promotions outside the bargaining unit) said employee will serve a six-month probationary period in the new position. This probationary period applies only to tenure in the new position, not employment with the City. The Union also recognizes the right of the City to demote an employee on six (6) month promotional probationary status to his or her previous position.

5.5 SAFETY AND PROTECTIVE EQUIPMENT

Employees shall not be required to work in unsafe conditions. The City will furnish, for the purpose of work only, all safety equipment and devices as required by the State of Oregon Accident Prevention Division. The City will also provide equipment and clothing usually needed for the type of work to protect employees’ health and safety as follows:

(1) Rain gear for safety

(2) Rubber footwear with protective metal toe shield and bottoms

(3) Coveralls (to be left at work)

(4) Up to five (5) sets of uniforms plus three (3) tee shirts (to be used for work only). A set shall be one pair of pants and one shirt (a tee shirt, short sleeve shirt or long sleeve shirt), with no more than five (5) tee shirts.

(5) Leather (lace or pull‑on) steel toe work boots

(6) Hip waders

(7) Uniform jacket with zip‑out liner

(8) The City furnishes work gloves for Public Works employees.

5.6 OPERATION OF HEAVY EQUIPMENT

(A) Any person or persons working in the position of, and receiving the pay scale for Maintenance Worker shall not work in the capacity of Senior Maintenance Worker, except for the following conditions:

(1) A Maintenance Worker, in the temporary absence of a Senior Maintenance Worker (provided he/she has received adequate training to be a safe operator) may operate equipment classified for operation only by a Senior Maintenance Worker for a maximum total amount not to exceed twenty (20) hours per month.

(2) Upon written request by the Union and agreement by the City, a specifically named Maintenance Worker may work at a specifically named task in the Senior Maintenance Worker Classification without penalty or eligibility for extra pay for training purposes.

(3) When a Maintenance Worker is assigned temporarily to operate heavy equipment he/she shall be paid an additional $3.00 per hour for all hours worked. To be eligible to operate heavy equipment the employee must have completed training to safely and satisfactorily operate the equipment listed in Section 5.6.B. and possess the current required licenses and certificates. In addition, the Maintenance Worker must have completed two (2) years of service and no longer be a trainee according to the subsections above.

(B) It is agreed that the following list is representative of the type of equipment a Maintenance Worker may operate and that he will not operate except for the provisions provided in this agreement. It is further agreed that any equipment that may be rented or purchased is considered to be included in this list respectively based on whether it is heavy equipment that requires considerable skill to operate or light equipment that can be operated with a minimum of skill or training.

May Operate

Will Not Operate

All Pickup Trucks

S-11 1-Ton Pickup

All small utility tractors S-16, P-2, etc.

S-23 Concrete Saw

S-29 V Bed Spreader

All Weed Eaters

All Power Saws

All small park mowers P-2, P-3, etc.

Radial Arm Saw

All Edger, Power and Hand Tools

S-7 Hoist Truck

S-8 Flusher Truck

S-12 Sweeper

J-20 Bomag Roller

S-15 Grader

Tiger Flail

S-43 Anderson Blade

S-45 Gannon Scraper

D-21 Truck Trailer Tanker

D-6 Vactor

D-12 T.V. Van

W-21 10-Yard Dump Truck

S-28 Paint Machine

J-11 Dressor Dozer

P-19 Toro Park Master Mower

All Backhoes

S-14 Crane (14 Ton)

L-8 Skid Steer Loader

P-18 Rayco Stump Grinder

May operate if adequately trained to safely operate:

S‑5 Flatbed

All 5-7 yd. Dump trucks

S-18 Case w/ Loader

S-17 Roller

All small fork lifts

S-25 Stanley Equipment

P-6, P-34 Full Wing

P-35 Brouwer Turf Vac

D-27 Atlas trailer mounted generator

5.7 SETTLEMENT OF DISPUTES

(A) For the purpose of this Agreement, a grievance is defined as a dispute about the meaning or interpretation of a particular clause of this Agreement or about any alleged violation of this Agreement.

(B) Time Limits. The time limits set forth herein shall be modified only by written agreement. Failure by the City or the Union to respond within a specified time limit shall constitute rejection of the grievance at that Step and thereby allow the other party to proceed to the next Step within the applicable time limit. If the Union wishes to abandon the grievance at any point in the grievance process, it must be done in writing. All time limits specified in this Article exclude Saturdays, Sundays, and Holidays.

(C) In an effort to provide for a peaceful procedure for resolution of disputes, the parties agree to the following grievance procedure:

Step 1. The employees shall submit the grievance in writing to the most immediate supervisor outside the bargaining unit within ten (10) days of the occurrence thereof. The written grievance shall include: (1) submittal date and date grievance occurred; (2) a statement of the specific City action or lack of action which is the cause of the grievance; (3) specific provisions of the contract by Article and Section or Sections violated; and (4) remedy sought. The supervisor shall meet with the aggrieved party within the ten (10) day period and shall make a written response to the grievance within the ten (10) days.

Step 2. If after ten (10) days from the submission of the grievance to the supervisor in step 1 hereof the grievance remains unsolved, the grievance may be submitted by the Union within ten (10) days to the department head or his/her designee by forwarding a copy of all materials submitted or received at all prior steps with a cover letter specifying that the matter is being pursued to the second step. The department head or his/her designee shall meet with the aggrieved party, (the aggrieved party may have a union representative at this meeting) and make a written response to the grievance within ten (10) days from the date the grievance was submitted to Step Two.

Step 3. If after ten (10) days from the date of submission of the grievance to the department head the grievance remains unresolved, the grievance may be submitted by the Union within ten (10) days to the City Administrator by forwarding a copy of all materials submitted or received at all prior Steps with a cover letter specifying that the matter is being pursued to the third Step. The City Administrator or his/her designee shall meet with the aggrieved party and/or the Union and make a written response to the grievance within ten (10) days from the date the grievance was formally submitted to the City Administrator.

Step 4. If the grievance is not resolved within ten (10) days from submission of the grievance to the City Administrator, it may be submitted by the Union within ten (10) days to mediation. The City and the Union will jointly request in writing a mediator from the State of Oregon Employment Relations Board. The mediator shall be asked to conduct a mediation meeting with thirty (30) days from the date of appointment, keeping both the Union and the City apprized of the progress made in the mediation session(s). Should the mediator determine that resolution is not being reached the mediator is to notify both the Union and the City of his/her decision in writing.

Step 5. If the grievance is not resolved through mediation the Union and the City shall jointly submit the grievance within ten (10) days to an arbitrator in the following manner:

Arbitration: A list of five Oregon arbitrators from the Employment Relations Board shall be requested and the parties shall alternatively strike one name from the list until only one name is left. The toss of a coin shall determine whether City or Union is to strike the first name. The one name remaining following striking shall be the arbitrator. One day will be allowed for the striking of each name. The arbitrator shall render a decision within ten (10) calendar days. The powers of the arbitrator shall be limited to interpreting this Agreement and determining if it has been violated. The arbitrator shall not alter, modify, add to, or delete from this Agreement. The decision shall be binding on both parties. Each party shall be responsible for costs of presenting its own case to arbitration and shall share equally the fees and expenses of the arbitrator.

(D) Any or all of the time limits specified in the grievance procedure may be waived by mutual consent of the Union and the City. Failure to submit the grievance in accordance with these time limits without such waiver shall constitute abandonment of the grievance.

(E) A grievance may be terminated at any time upon receipt of a signed statement from the employee or from the Union that the matter has been resolved.

5.8 DISCIPLINE AND DISCHARGE

(A) If the City has reason to discipline an employee, it shall be done in a manner that is least likely to embarrass the employee before other employees or the public.

(B) Discipline for regular employees shall only be for just cause and where appropriate shall be progressive and shall be in accordance with the Policies and Procedures Manual. All bargaining unit members shall be responsible for reading and understanding, and adhering to the Policies and Procedures Manual, and any subsequent amendments, except where it may contradict this agreement, in which case this agreement prevails. Some alternative forms of discipline may occasionally be used if more appropriate to a circumstance than those prescribed in the Policies and Procedures Manual.

(C) The City agrees to furnish the employee a complete statement in writing at the time of written warning, suspension, or discharge, outlining the specific reasons for such action. Such reasons shall not be expanded at a later date, except in such cases where further evidence pertinent to the situation is subsequently discovered. At the same time the employee is presented with the statement, the Union shall be sent notice that a written warning, suspension, or discharge has been given to the employee.

(D) Any employee upon his/her request, and at a mutually agreeable time, shall have access to his/her personnel files. Any employee may request that management reproduce his/her personnel file in part or in full for his/her individual use, and such reproduction will be accomplished as soon as practicable.

(E) Each employee shall have the opportunity to read and sign any written material, evaluations, or disciplinary actions prior to being placed in their personnel file. Employees shall have a right to respond in writing to such material and such response shall be attached thereto. Warning letters shall be removed upon request from an employee’s personnel file twelve (12) months after issuance providing subsequent disciplinary actions of the same subject have not been placed in the employee’s file during the twelve (12) month period. Letters of suspension or demotion shall be removed from an employee’s personnel file after thirty-six (36) months.

ARTICLE VI. CITY RIGHTS

6.1 CITY SECURITY

During the term of this Agreement, the Union and members of the bargaining unit, as individuals or as a group, will not initiate, cause, permit or participate or join in any strike, work stoppage or slowdown, picketing, or any other interruption of City services. Employees in the bargaining unit, while acting in the course of their employment, shall not honor any picket line established in the City by any other labor organization, when called upon to protect the City's health, safety and welfare. Disciplinary action, including discharge, may be taken by the City against any employee or employees engaged in a violation of this Article.

In the event of a strike, work stoppage, slowdown, picketing, observance of a picket line or other restriction of work in any form, either on the basis of individual choice or collective employee conduct, the Union will immediately upon notification, publicly attempt to secure an immediate and orderly return to work. This obligation and the obligations set forth above shall not be affected or limited to the subject matter involved in the dispute giving rise to the stoppage or by whether such subject matter is or is not subject to the grievance procedure of this Agreement.

It is understood that employees shall not be entitled to any benefits or wages whatsoever while they are engaged in such strike, work stoppage, or other interruption of work.

There will not be a lockout against the employees in the bargaining unit during the term of this Agreement.

6.2 MANAGEMENT RIGHTS

Except as otherwise expressly and specifically limited by the terms of this Agreement, the City retains all rights, decision making prerogatives, functions and authority connected with or in any way incidental to its responsibility 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 hereunder are limited to those specifically set forth in this Agreement.

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

1) To determine the services to be rendered to the citizens of the City.

2) To determine and to follow the City's financial, budgetary and accounting procedures.

3) To direct and supervise all operations, functions and policies of the departments in which the employees in the bargaining unit are employed, and operations, functions and policies in the remainder of the City as they may affect employees in the bargaining unit.

4) To close or liquidate any office, branch, operations, or facility, or combination of facilities or to relocate, reorganize or combine the work of divisions, offices, branches, operations or facilities for budgetary or other reasons. The City shall use the layoff procedures (5.4) for employees who are demoted or reclassified downward for non-disciplinary reasons.

5) To manage and direct the workforce, including but not limited to the right to determine the methods, processes, and manner of performing work; the right to hire, promote, transfer and retain employees; the right to lay off; the right to modify job classifications or reorganize departments; the right to determine schedules of work; the right to purchase, dispose of, and assign equipment or supplies.

6) To determine the need for a reduction or an increase in the workforce and the implementation of any decision with regard thereto.

7) To establish, revise and implement standards for hiring, classification, promotion, quality of work, safety, materials and equipment.

8) To implement new and to revise or discard, wholly or in part, old methods, procedures, materials, equipment facilities, and standards.

9) To contract or subcontract work as may be determined by the City, providing it does not affect the employment status of the present full‑time employees subject to the modifications in Section 6.4 below.

10) To assign shifts, workdays, hours of work and work locations.

11) To assign and designate all work duties

12) To introduce new duties within the unit.

13) To determine the need for and the qualifications of new employees, transfers, and promotions.

14) To discipline, reprimand, suspend, and discharge an employee subject to the parameters of this Agreement and just cause.

15) To determine the need for additional educational courses, training programs, on‑the‑job training and cross training and to assign employees to such duties for such periods to be determined by the City.

16) To determine the need for overtime and the employees to work such overtime.

It is understood and agreed that if the City does not exercise a management right reserved to it or if the City exercises a management right reserved to it a particular way, such conduct shall not be deemed a waiver of its right to begin exercising such a right in the future or to exercise such a right differently in the future. However, nothing in this paragraph shall be considered to be a waiver by the Association of bargaining rights afforded under PECBA.

It is further understood and agreed that the City’s exercise of its management rights is not subject to the grievance and arbitration provisions set forth in this agreement.

6.3 UNIFORM APPLICATION

The City will not be arbitrary or capricious in its application of its policies and procedures.

ARTICLE VII ‑ MEET AND CONFER COMMITTEE

The City and the Union agree to establish a joint labor/management committee of three representatives each with the intent to facilitate communication between the parties. This labor/management committee will provide a forum for discussion of issues not addressed by the contract such as staff morale, operational methods and procedures, attendance, and other policies of the City which affect the working conditions of the employee when such policies are not mandatory subjects of bargaining.

This labor/management committee shall not become involved in individual grievances nor shall the committee meetings be construed as formal contract negotiations. The committee shall meet with an established agenda at least quarterly or such other times as both parties mutually agree. The time, date and place shall be mutually agreed upon by the parties.

ARTICLE VIII – SAVINGS CLAUSE

The provisions of this contract are declared to be severable, and if any section, subsection, sentence, clause or phrase of this Agreement shall for any reason be held invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this Agreement, but they shall remain in effect, it being the intent of the parties that this Agreement shall stand, notwithstanding the invalidity.

ARTICLE IX. TERM OF AGREEMENT

This Agreement shall be effective July 1, 2005 and shall be binding upon the City, the Union, and their members and shall remain in full force and effect through June 30, 2009, except that it may be opened in writing by either party no later than December 15, 2008 for purposes of negotiating a successor agreement. The terms of this Agreement shall continue thereafter during any period of negotiations for a new contract.

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 the 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. All terms and conditions of employment not covered by this Agreement shall continue to be subject to the City's direction and control.

This Agreement shall automatically be renewed from year to year and shall be binding for additional periods of one year unless either the City or the Union gives written notice to the other not later than December 15th next, prior to the aforesaid expiration date of this Agreement of its desire to modify the Agreement.

ARTICLE X – DECLARATION OF LOCAL EMERGENCY

In the event that a local emergency is declared by the City in accordance with its emergency ordinance, this contract shall be temporarily suspended. This suspension shall be in effect from the moment that the emergency declaration document is signed until the document declaring the end of the emergency is signed.

IN WITNESS WHEREOF, the parties hereto have set their hands this 30 day of September 2005:

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APPENDIX A: AFSCME SALARY SCHEDULE
Salary ranges for the period July 1, 2005 through June 30, 2006 (represents 1.25% increase)
POSITION	LGPI	BASE	STEP	STEP	STEP	STEP	STEP
	Grade		A	B	C	D	E

Project Engineer	8	4079	4284	4497	4722	4959	5157


Building Inspector	7	3610	3790	3981	4179	4387	4562
Engineering Associate	7	3610	3790	3981	4179	4387	4562
Environmental Specialist	7	3610	3790	3981	4179	4387	4562


Assistant Planner	6	3195	3356	3521	3698	3883	4039
Crew Chief	6	3195	3356	3521	3698	3883	4039
GIS Specialist	6	3195	3356	3521	3698	3883	4039
Info. Technology Analyst	6	3195