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THE
CITY OF
and
THE
CITY OF
LOCAL
350‑1, COUNCIL75
American
Federation of State, County and Municipal Employees
AFL-CIO
through
JUNE 30, ____
Table of Contents.............................................................................................................. 2
Preamble............................................................................................................................ 4
Article 1. Recognition.................................................................................................... 4
Article 2. Fair Share/Dues and Payroll Deductions.................................................. 5
Article 3. Management Rights..................................................................................... 5
Article 4. Grievance Procedure.................................................................................... 7
Article 5. Personnel File................................................................................................ 8
Article 6. Posting and Filling of Vacancies.................................................................. 9
Article 7. Hours of Work................................................................................................ 9
Article 8. Seasonal Employee..................................................................................... 10
Article 9. Job Sharing................................................................................................... 11
Article 10. Overtime/Compensatory Time/Call Back........................................... 12
Article 11. Seniority and Probation Period............................................................... 13
Article 12. Layoff - Recall........................................................................................... 14
Article 13. Working Out of Classification................................................................. 16
Article 14. Protective Clothing................................................................................... 16
Article 15. Drug and Alcohol Testing Policy........................................................... 17
Article 16. Vacations................................................................................................... 17
Article 17. Holidays.................................................................................................... 18
Article 18. Sick Leave................................................................................................. 19
Article 19. Workers Compensation........................................................................... 20
Article 20. Insurance.................................................................................................. 20
Article 21. Retirement................................................................................................ 22
Article 22. Bulletin Boards......................................................................................... 23
Article 23. Stewards.................................................................................................... 23
Article 24. Bereavement Leave................................................................................. 24
Article 25. Military Leave with Pay........................................................................... 24
Article 26. Other Leaves............................................................................................ 24
Article 27. Discipline and Discharge........................................................................ 25
Article 28. Wages........................................................................................................ 26
Article 29. Existing Practices.................................................................................... 27
Article 30. Stand-by.................................................................................................... 28
Article 31. Safety......................................................................................................... 28
Article 32. Savings Clause.......................................................................................... 28
Article 33. Waiver and Scope of Bargaining............................................................. 29
Article 34. Term of Agreement................................................................................. 30
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 and
part-time employees working (20) hours or more per week for the City; excluding
supervisory and confidential employees; employees in the police bargaining
unit; seasonal and temporary employees.
1.2.
A full‑time regular employee shall be
defined as any employee scheduled and budgeted on a continuous basis to work
full-time. A part‑time regular employee shall be defined as any employee
regularly scheduled and budgeted on a continuous basis to work twenty (20)
hours or more per week, but less than full-time. A seasonal employee shall be
defined as any
employee specifically hired to perform common outdoor labor tasks typically
done only during periods of favorable weather, e.g., non-winter months.
1.3.
Any temporary employee who averages twenty (20)
hours or more per week in any six (6) month period shall become a part of the
bargaining unit.
1.4.
Any seasonal employee who averages twenty (20)
hours or more per week for greater than nine (9) cumulative months in a
calendar year shall become a member of the bargaining unit.
1.5.
The City may, at its discretion, establish new
classifications or modify existing positions. The City shall notify the
1.6.
If requested, on an annual basis, the City shall
provide a list of AFSCME represented positions and a list of bargaining unit
members to the
The
City and the
2.1.
The amount of "fair share in lieu of
dues" to be paid by non‑members 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;
3.2.12. Subcontracting. The City shall notify the Union, as soon as possible of the possibility of the City contracting or subcontracting out work and/or services currently performed by members of the bargaining unit who could or may be displaced by such subcontract or contract. At the time such notice is given the Union, the City and/or the Union will notify the Employment Relations Board that the parties have entered negotiations concerning subcontracting and ask that a mediator be assigned to this issue and schedule, in advance, mediation sessions should the parties reach impasse during negotiations. The parties agree that negotiations regarding the decision and impact of the subcontracting shall continue for no longer than thirty (30) days from the receipt of the City’s notice. The first negotiation session shall be scheduled no later than ten (10) working days of receipt of the City’s notice. Should the parties be at impasse following negotiation and mediation, the parties agree to submit the dispute to an arbitrator for resolution.
3.3. The exercise of the management function or right which is not specifically limited by this Agreement is retained by the City.
4.1.1. A grievance, for the purpose of this Agreement, is defined as a dispute regarding the meaning or interpretation of a particular clause of this Agreement, or regarding an alleged violation of a particular clause of this Agreement.
4.1.2. "Day" shall be defined as a calendar day.
4.1.3. The City will give prompt consideration to an employee grievance relating to employment conditions and relationships. Every attempt should be made by the department head and employee to resolve the problem. In an effort to provide for a peaceful procedure for resolution of disputes, the parties agree to the following grievance procedure:
4.1.3.1.Step 1. The employee shall discuss the
grievance on an informal basis with his/her supervisor (unless that supervisor
is in the bargaining unit and then the grievance shall go to the supervisor's
immediate supervisor) within ten (10) calendar days from the date the employee
knows or should have known of the alleged violation. The employee may have a
Union representative assist them in presenting their case to their supervisor.
If there is no resolution to the grievance, the employee may then submit their
grievance in writing to the department head through the supervisor within ten
(10) calendar days after the discussion with the supervisor.
The
department head shall respond in writing within ten (10) calendar days from the
receipt of the written grievance.
4.1.3.2.Step 2. If the grievance remains
unresolved after Step 1, the employee or a Union representative within ten (10)
calendar days of receiving the written answer in Step 1, shall submit the
grievance in writing to the City Manager. Within ten (10) calendar days, the
City Manager, or designee shall call a meeting of the parties to discuss the
grievance. The City Manager shall give a written answer within ten (10)
calendar days from the date of the meeting.
4.1.3.3.Step 3.
If the grievance remains unresolved after Step 2, the employee or the
Union representative shall within twenty (20) calendar days of receiving the
written answer in Step 2, submit a written request to the City Manager stating
their desire to invoke the arbitration procedures set forth in Section 4.3.
4.2. The rules governing the grievance procedure shall be as follows:
4.2.1.
Any time limits specified in the grievance
procedure may be waived by mutual consent of both parties. Failure by the
grievant to submit the grievance in accordance with these time limits without
such waiver shall constitute abandonment of the grievance.
4.2.2.
Failure by the City to submit a reply within the
time limits specified in the Agreement will automatically move the matter to
the next step in the procedure provided that arbitration shall not be invoked
unless and until both parties are fully aware in writing.
4.3.
Arbitration:
4.3.1.
Procedure:
4.3.1.1.After
arbitration has been requested, the parties shall forthwith attempt to agree
upon a single arbitrator. In the event the parties are unable to agree, a list
of five (5) arbitrators shall be requested from the Employment Relations Board
of the State of
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.
Rest Periods. Where possible, a rest
period of fifteen (15) minutes shall be permitted all employees during each
half (l/2) shift, which shall be scheduled by the City in accordance with
specific operating requirements of each employees duties, and shall be considered
on‑duty working time. The rest period shall be permitted as nearly as
possible to the midpoint of each half shift.
Employees
who for any reason are scheduled to work more than two (2) hours beyond their
regular shift, shall receive a fifteen (15) minute rest period before they
start to work on the next shift. Such employees shall receive a fifteen (15)
minute rest period every two (2) hours thereafter, and an unpaid lunch period
if the scheduled work period is longer than four (4) hours.
7.4.
Meal Periods. Employees shall be
granted either a thirty (30) or sixty (60) minute unpaid meal period during
each work shift which shall not be considered on‑duty working time. The
meal period shall be scheduled as nearly as possible to the midpoint of the
employee's shift.
Only
those part‑time employees who work more than five (5) hours are entitled
to a meal period.
8.1.
Seasonal
employees work only during the period of March 1 through October 31 of any
calendar year, unless otherwise mutually agreed to by the City and the
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.
During the initial probationary period of six (6)
months for an original appointment, the employee shall not be eligible for vacations
benefits, but she/he shall earn vacation credits to be taken at a later date.
11.4.
Upon satisfactory completion of the probationary
period, the employee shall be considered as having satisfactorily demonstrated
qualifications for the position, shall gain regular employment status, and
shall be so informed by the appropriate supervisor. Lack of notification by the
appropriate supervisor shall not affect the gain of regular employment status.
11.5.
During the initial probationary period, for an
original appointment, an employee may be terminated at any time without just
cause.
11.6.
In the case of promotional or lateral transfer
appointments, the promoted or lateral transfer employee may be demoted at any
time during the probationary period to his/her former classification for
unsatisfactory work performance or may elect to return to his/her previous
classification and rate of pay.
12.1.
A layoff is defined as an involuntary separation
from the City for reasons that do not reflect discredit upon the employee. If a
layoff is implemented, layoffs shall be made within each job classification on
the basis of seniority. No regular employee shall be laid off while temporary
employees are retained by the City in the classification of the employees
proposed to be laid off.
The
City Manager may make an exception to the order of layoff when the retention of
employees with needed skills or performance abilities are necessary for the
efficient operation of the department. Such actions shall be taken only for
articulated, job-related reasons and substantiated by written documentation
12.2.
Advance notice will be provided to the
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 qualification within the city, provided the employee is qualified for
the position as described in 12.9.
12.8.3.
Displace the employee with the lowest seniority in
a lower level classification in the city, provided the displacing employee is
more senior and is qualified for the position as described in 12.9.
12.8.4.
Displace the employee with the lowest seniority in
a classification in which the employee has previous successful service,
provided the displacing employee is more senior and is qualified for the
position as described in 12.9.
12.8.5.
Request assignment to an open vacant bargaining
unit or temporary position, provided the employee is qualified for the position
as described in 12.9.
12.9.
Qualification for bumping. The qualification of an
employee to bump shall depend upon that employee demonstrating current
possession of the required certification, knowledge and skill to meet the
minimum qualifications of the position prior to bumping.
13.1.
When employees are assigned by the employer to
work in a classification with a higher rate of pay, the employee shall receive
the first step in the higher classification that would be greater than their
current rate of pay. No employee shall be assigned to work in a higher
classification for a period of time less than eight (8) hours.
14.1.
The City will provide protective equipment,
including personal protective equipment for eyes, face, head and extremities.
Protective clothing and protective shields and barriers, shall be used wherever
it is necessary by reason of hazards of processes or environments, chemical hazards,
or mechanical irritants encountered in a manner capable of causing injury or
impairment in the function of any part of the body through absorption,
inhalation or physical contact. Protective equipment shall be maintained in a
sanitary and reliable condition.
14.2.
In
the event an employee chooses to provide their own protective equipment, the
City shall be responsible to assure its adequacy, including proper maintenance
and sanitation of such equipment. All personal protective equipment shall be of
safe design and construction for the work to be performed.
14.3.
The
City shall, with advice from the Safety Committee, determine the requirements
for personal protective equipment, based upon the specific environmental and
work-related factors of the job site. The City shall procure the necessary
personal protective equipment or provide an appropriate allowance to the
employee for the purchase of the personal protective equipment. Where an
allowance is provided, the City will establish minimum standards for the type
and quality of the personal protective equipment.
15.1.
The
Drug and Alcohol Testing Policy is attached to this Agreement as Exhibit B.
16.1.1.
All regular full‑time employees shall accrue
vacation time at the rate of ten (10) working days annually through the
completion of three (3) years of continuous service.
16.1.2.
All regular full‑time employees shall accrue
vacation time at the rate of twelve (12) working days annually for those having
completed more than three (3) years but less than five (5) years continuous
service.
16.1.3.
All regular full‑time employees shall accrue
vacation time at the rate of fifteen (15) working days annually for those
having completed more than five (5) years but less than eight (8) years
continuous service.
16.1.4.
All regular full‑time employees shall accrue
vacation time at the rate of twenty (20) working days annually for those having
completed more than eight (8) years, but less than eleven (11) years of
continuous service.
16.1.5.
All regular full-time employees shall accrue vacation
time at the rate of twenty-two (22) working days annually for those having
completed more than eleven (11) years, but less than fifteen (15) years of
continuous service.
16.1.6.
All regular full‑time employees shall accrue
vacation time at the rate of twenty‑five (25) working days annually for
those having completed more than fifteen (15) years of continuous service.
16.1.7.
All regular employees who work twenty (20) hours
or more per week on a continuous basis shall be entitled to prorated vacation
leave benefits.
16.2.
New employees shall not be eligible for vacation
leave during their first six (6) months of employment, although vacation shall
be accrued from the beginning of employment. If for any reason prior to the
completion of six (6) months continuous service with the City such employee is
terminated, he/she shall be credited with no vacation time.
16.3.
Continuous service shall be service unbroken by
separation from City service, except time spent on military leave as a member
of the National Guard or other reserve component of the Armed Forces of the
16.4.
Vacation time will normally be taken within one
(1) year of time earned and normally may be accumulated to a maximum of three
hundred twenty (320) hours.
16.5.
Based on the operating needs of the City,
employees shall be allowed to select vacation times as scheduled by the
department head or designee, and any conflicts between two or more employees
requesting the same period for vacation will be determined by seniority. Processed
requests for vacation should be returned to the employee within two weeks of
submitting the request.
16.6.
Two times a year, employees who have scheduled or
used at least eighty (80) hours of vacation time in a fiscal year may elect to
“sell back” up to a maximum of eighty (80) hours of vacation time during the
same fiscal year. The minimum number of vacation hours taken must equal the
number of vacation hours sold back to the City in a fiscal year. To be eligible for “sell-back” an employee
must retain an accrual of a minimum of 40 hours vacation time, after the cash
“sell-back”. The City shall issue a separate check to employees for vacation
sell-back, if the City receives the signed, authorized request 30 days in
advance. The check will be issued on the same bi-weekly schedule as normal
payroll checks. Deductions shall be made based on current State and/or Federal
law.
17.1.
All full‑time employees shall be entitled to
the following holidays:
New
Year's Day January 1
Martin
Luther King's Birthday 3rd
Monday in January
President's
Day 3rd
Monday in February
Memorial
Day Last Monday in May
Independence
Day July 4th
Labor
Day 1st Monday in September
Veteran's
Day November 11th
Thanksgiving
Day 4th Thursday in November
Day
after Thanksgiving The Friday following Thanksgiving Day
Christmas
Day December 25th
17.2.
All regular employees who work twenty (20) hours
or more per week on a continuing basis shall be entitled to pro-rated holiday
benefits.
17.3.
When
a holiday falls on a Sunday, the following Monday shall be deemed to be a
holiday in lieu of the day observed. When a holiday falls on a Saturday, the
preceding Friday shall be deemed to be a holiday in lieu of the day observed.
When a holiday falls on a regularly scheduled day off, the employee’s
supervisor shall allow the employee either the preceding or the following day
to be a holiday in lieu of the day observed. Any employee who may be requested
to work on a holiday shall be either paid compensation at one and one-half
(1-1/2) days pay for such work, or at the option of the employee, one and
one-half (1-1/2) days may be added to, and taken at, their regular vacation for
each such holiday worked, in addition to the regular holiday pay.
18.1.
All regular full‑time employees shall 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
20.2.
Dental Insurance.
Effective
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):
Effective
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.
Except as provided in Subsection 2 of this
Section, for all periods of annual active duty for training as a member of the
National Guard, National Guard Reserve or of any reserve component of the Armed
Forces of the United States or of the United States Public Health Service, any
employee of the City of West Linn is entitled, upon application therefore, to a
leave of absence from their duties for a period not exceeding fifteen (15) days
in any one (1) calendar year, without loss of time, pay, or regular leave and
without impairment of efficiency rating or other rights of benefits to which he
is entitled.
25.2.
Unless the employee has been employed by the City
of
26.1.
Leaves of Absence. Leaves of absence without pay
or accrual of other benefits for a limited period, not to exceed six (6)
months, may be granted for any reasonable purpose where, in the judgment of the
department head, the work of the department will not be seriously handicapped
by the temporary absence of the employee requesting such leave. Any such leave
must be consistent with the needs of the City and approved by the department
head. At the discretion of the department head, with City Manager or designee
approval, upon written request by the affected employee, such leave may be
extended in no more than three (3) month increments. If an employee is denied a
leave of absence, the department head will state the reasons in writing.
26.2.
Military Leave Without Pay.
26.2.1.
Military leave of absence without pay shall be
granted to a regular employee during a period of active duty with the Armed
Forces of the
26.2.2.
The employee shall, upon honorable discharge from
such service, be granted to a position in the same class as his/her last held
position, at a salary rate prevailing for such class, without loss of seniority
of employment rights. If it is established that he/she is not physically
qualified to perform the duties of his/her former position by reason of such
service, he/she shall be reinstated in other work that he/she is able to
perform at the nearest appropriate class to his/her former class.
26.3.
Jury/Witness Duty. Employees shall be granted
leave with regular straight‑time pay any time they miss their regularly
scheduled shift because they are required to report for jury duty or jury
service, or as the result of appearing under subpoena in a court of law. An
eligible employee shall endorse their jury/witness fee minus any expenses
incurred. Any compensation received by the employee for vehicle expense
(mileage) shall be retained by the employee.
26.4.
Peace Corps or
26.5.
Parental/Family Leave. Leave may be taken pursuant
to State and Federal Law.
27.1.
Discipline.
27.1.1.
Disciplinary action shall include only the
following: Oral reprimand; written
reprimand; suspension with pay, suspension without pay, with notice in writing;
demotion; or discharge.
27.1.2.
Disciplinary action may be imposed upon an
employee only for just cause. If the City has reason to reprimand an employee,
it shall be done in a manner that will not embarrass the employee before other
employees or the public.
27.1.3.
Any disciplinary action imposed upon an employee
may be processed as a grievance through
the regular grievance procedure except oral and written reprimands shall not be
subject to step three (3) of the grievance procedure.
27.2.
Suspension or Discharge.
27.2.1.
The employee will be notified in writing that the
employee has been suspended with pay and is subject to discharge. Such
notification shall state in detail the nature of the alleged offense.
27.2.2.
The employee or the Union shall have the right to
take up the suspension and/or discharge as a grievance under the grievance
procedure and the matter shall be handled in accordance with this procedure
through arbitration, if deemed necessary by either party.
28.1.
To implement Article 28, Wages, the monthly salary
will be converted to an hourly rate for payroll purposes based on the following
formula: Monthly salary divided by
173.33 = Hourly Rate, Rounded to four (4) decimal places. Average Monthly Hours
Computation: 2080 Annual Hours Divided
by twelve (12) Months.
All
employees shall be compensated in accordance with the wage schedule attached to
this Agreement and marked Compensation Structure "A", effective July
1, 2007, with an increase of 3.0 percent.
Effective
July 1, 2008 all employees shall receive a salary increase equal to the yearly
percentage change in the Portland Consumer Price Index (CPI-W) for the period
of time ending December 31, 2007 but in no case less than 2.5 percent or more
than 4.5 percent.
Effective
July 1, 2009, all employees shall receive a salary increase equal to the yearly
percentage change in the Portland Consumer Price Index (CPI-W) for the period
of time ending December 31, 2008 but in no case less than 2.5 percent or more
than 4.5 percent
The job
classifications and applicable range of the compensation structure is attached
to this Agreement as Exhibit "A”.
28.2.
Initial
appointment and progression through pay range.
28.2.1. Normally
an employee will be appointed at the entrance rate for the class unless the
employee's qualifications as determined by the City would support appointment
at a higher step.
28.2.2.
After initial appointment to a position, the
employee shall receive the minimum salary for the position. However, in the case
when unusual difficulty in filling the vacancy is experienced or when the
appointee is exceptionally qualified, the City Manager may cause the
appointment to be made at a salary rate above the minimum, but not more than
the maximum within the budget limitation.
28.2.3.
An employee may advance in step increments on the
salary schedule following the completion of one (1) year of satisfactory
service as determined by the employee’s Department Head.
28.2.4.
A step increase will not be denied unless adequate
prior notice of a problem has been given to the employee prior to the
employee’s anniversary. This notice is intended to enable the employee to
respond to a corrective work plan. Such notice will include documentation
concerning needed areas of improvement as well as a corrective work plan.
28.3.
An employee who does not receive an increase will
be evaluated within ninety days. Should an employee improve to a level
warranting a step increase that employee shall be advanced a step on the salary
schedule effective ninety (90) days from the date of the anniversary. If the
employee is not evaluated within ninety (90) days, the employee will
automatically be advanced a step on the salary schedule.
28.4.
Deferred Compensation Program. The City Manager is
authorized to enter into Deferred Compensation Agreements with financial
institutions of their choice. Such Deferred Compensation Programs would allow
discretionary payroll deductions on behalf of individual requesting employees
for deposit with the respective financial institutions.
28.5.
Mileage. Any employee required to use their
personal vehicle in the performance of their duties shall be paid at the IRS
mileage rate.
28.6.
Licenses/Certification. For any employee required
to have a Commercial Driver's License (CDL) the City will pay for recurring license
and physical examination costs.
29.1.
Only such existing and future work rules and
benefits as are expressly and specifically covered by the terms of this
Agreement shall be affected by the recognition of the
30.1.
The
purpose of the stand-by program is to provide emergency coordination and
response during time other than regular working hours. An employee on stand-by
will receive ten (10) hours compensatory time or pay, per week of stand-by duty,
plus call back and overtime for actual time worked. Contractual call back
provisions will apply only when it is necessary for an employee to actually
respond to the emergency site.
30.2.
An
employee on stand-by for less than one week will receive compensatory time or
pay at the rate of one (1) hour per scheduled workday and 2.5 hours per
scheduled day off, e.g., weekend day.
30.3.
Participants
in the stand-by program will receive four (4) additional hours compensatory
time or pay for each contractual holiday, which occurs during their scheduled
stand-by time.
30.4.
Public
Works Stand-by Program. In order to staff the stand-by program, the City will
periodically ask for volunteers from qualified Public Works and Parks
employees. In so far as reasonably possible, all the qualified employees will
be afforded the opportunity to participate in the stand-by program equally. The
City may assign each volunteer to be on call for a one (1) week stand-by
period. In the event there are insufficient volunteers to provide adequate coverage,
the
31.1.
The City agrees to abide by standards of safety
and health in accordance with Oregon Statutes and Administrative Rules. Safety
and health issues should be brought to the attention of the City Safety
Committee.
32.1.
Should any article, section, or portion thereof of
this Agreement be held unlawful or unenforceable by an opinion of the Attorney
General of the State of Oregon or by any court of competent jurisdiction over
the subject matter, such decision shall apply only to the specific article,
section, or portion thereof, directly specified in the decision. Upon the
issuance of any such decision, the parties agree to meet to negotiate a
substitute, if possible, for the invalidated article, section, or portion thereof.
All other portions of this Agreement, and the Agreement as a whole, shall
continue without interruption for the term hereof.
33.1.
The parties acknowledge that during the
negotiations which resulted in this Agreement, each had the unlimited right and
opportunity to make demands and proposals with respect to any subject or matter
appropriate for collective bargaining, and that the understandings and
agreements arrived at by the parties after the exercise of that right and opportunity
are set forth in this Agreement. Therefore, the City and Union, for the life of
this Agreement, each voluntarily and unqualifiedly waives the right, and each
agrees that the other shall not be obligated to bargain collectively with
respect to any subject or matter, even though such subjects or matters may not
have been within the knowledge or contemplation of either or both of the
parties at the time they negotiated or signed this Agreement. During the life
of this contract, however, the parties may bargain collectively about the terms
of successor collective bargaining agreements.
34.1.
This
Agreement shall become effective as of the 1st day of July 2007 and
shall remain in full force and effect until the 30th day of June ____,
or the signing of a subsequent agreement, whichever last occurs. This Agreement
shall automatically reopen on the 1st day of January ____ for
negotiations for a successor agreement.
34.3. This Agreement may be amended at any time by mutual agreement of
the
In Witness Thereof, the parties
hereto have set their hands this ___day of ________, 2007.
For the City: For
the
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Christopher Jordan, City Manager Susan Skites, Council Representative
____________________________
Marc
Howatt, President
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Jeri Knudson, Director of HR Jennifer
Whiting, Negotiating Team
Mike Cardwell, Negotiating Team Gill Bjerg, Vice President
John
Nomie, Negotiating Team
___________________________
Jeff Randall,
Negotiating Team