|
A G R E E M E N T |
AGREEMENT Between |
|
|
|
and |
|
|
|
|
|
PUBLIC EMPLOYEES |
|
|
DTD CHAPTER OF |
|
|
LOCAL NO. 350, AFSCME, AFL-CIO |
|
|
|
_files/image002.gif)
5. REGULAR PART-TIME
EMPLOYEE.
ARTICLE III -
PRESERVATION OF PUBLIC RIGHTS
ARTICLE IV -
UNION SECURITY AND CHECKOFF
(PUBLIC
EMPLOYEES ORGANIZED TO PROMOTE LEGISLATIVE EQUALITY)
3. UNUSED SICK LEAVE AT
THE TIME OF RETIREMENT.
4. REGULAR PART‑TIME
EMPLOYEES.
2. ACCRUAL FOR REGULAR
PART‑TIME EMPLOYEES.
1. GENERAL PROCEDURE FOR
LEAVES OF ABSENCE.
8. MILITARY AND OTHER
SERVICE LEAVES.
ARTICLE XI -
HEALTH AND WELFARE
5. DISABILITY INCOME
INSURANCE.
8. BENEFITS FOR REGULAR
PART-TIME AND JOB SHARE EMPLOYEES.
10. BENEFITS REVIEW
COMMITTEE.
11. PLAN CHANGES REQUIRED BY
LAW OR INSURANCE CARRIER.
ARTICLE XII -
WORKERS COMPENSATION
1. WAGES AND
CLASSIFICATION SCHEDULE.
7. CALL-IN TIME. – Road, Bridge and Traffic Maintenance
13. PAY FOR ACCUMULATED
COMPENSATORY TIME.
19. COMPUTATION OF HOURLY
RATE.
ARTICLE XIV -
FOUR DAY WORK WEEK
1. HOURS OF WORK
(Amendment to Article VI).
2. HOLIDAYS (Amendment to
Article VII).
3. SICK LEAVE (Amendment
to Article VIII).
4. VACATION LEAVE
(Amendment to Article IX).
5. WAGES (Amendment to
Article XIII).
4. MERIT INCREASES AND PERFORMANCE
APPRAISALS.
6. VACATION LEAVE AND SICK
LEAVE.
6. PERMANENT PLACE OF
REPORTING.
ARTICLE XVII -
PERSONNEL RECORDS AND INFORMATION
ARTICLE XVIII
- DISCIPLINE AND DISCHARGE
1. EMPLOYEES SUBJECT TO
DISCIPLINARY ACTION.
2. REPRIMANDS SUBJECT TO
APPEAL.
5. PROBATIONARY EMPLOYEE
GRIEVANCE.
2. LAYOFF ORDER AND
BUMPING RIGHTS.
4. QUALIFICATIONS FOR
BUMPING.
5. OPTIONS FOR LAID OFF
EMPLOYEES.
11. MANAGEMENT/CONFIDENTIAL
EMPLOYEES.
ARTICLE XXI - SETTLEMENT
OF DISPUTES
1. GRIEVANCE AND
ARBITRATION PROCEDURE.
ARTICLE XXIII
- GENERAL PROVISIONS
3. VISITS BY UNION
REPRESENTATIVES.
7. TOOL
REPLACEMENT/ALLOWANCE.
9. COMMERCIAL DRIVER’S
LICENSE – PHYSICAL EXAMINATION.
11. AGREEMENT PUBLICATION
COSTS.
13. LABOR/MANAGEMENT
COMMITTEE.
ARTICLE XXIV -
DRIVER/OPERATOR LICENSE SUSPENSION POLICY
2. ALCOHOL AND DRUG ABUSE
ASSISTANCE POLICY.4
ARTICLE XXVII - TERM OF AGREEMENT5
APPENDIX A –
COMPENSATION SCHEDULE FOR AFSCME-DTD (2006-2007)7
APPENDIX B –
COMPENSATION SCHEDULE FOR AFSCME-DTD (2007-2008)8
APPENDIX C - SKILLED BASED PAY PLAN49
APPENDIX D -
DRUG & ALCOHOL TESTING POLICY3
APPENDIX E–
MEMORANDUM OF UNDERSTANDING-MEDICAL PLAN DESIGN CHANGES64
AGREEMENT
Between
and
DTD
CHAPTER OF
LOCAL
#350, AFSCME, AFL-CIO
PREAMBLE
This agreement
is entered into by
The parties agree as follows:
ARTICLE I - DEFINITIONS
1. EMERGENCY.
An unforeseen circumstance or a combination of circumstances which, in the opinion of the COUNTY, calls for immediate action.
2. SUPERVISORY EMPLOYEE.
As defined in Oregon Revised Statute 243.650, Paragraph (14).
3. CONFIDENTIAL EMPLOYEE.
As defined in Oregon Revised Statute 243.650, Paragraph (6).
4. REGULAR EMPLOYEE.
Any employee who has a position in the classified service in accordance with the rules governing regular appointments and who has successfully completed her/his probationary period.
5. REGULAR PART-TIME EMPLOYEE.
Any regular employee who works less than full time but works 20 or more hours per week.
6. TEMPORARY EMPLOYEE.
Any
non-regular employee appointed to a position of six (6) months duration or
less. At the time of hire of any
temporary employee, the COUNTY shall notify the
However, any temporary employee, other than a seasonal employee as defined in Section 7 below, who works greater than half time in excess of six (6) continuous months or six (6) months total in any twelve (12) month period, shall be recognized by the UNION and the COUNTY as an employee with certain rights. Those rights are as set forth in this paragraph only. These rights are as follows: accrued vacation pursuant to Article IX, Section 2 [A1]and sick leave pursuant to Article VIII[A2], Section 1. The provisions of this definition may be amended by mutual agreement of both parties.
7. SEASONAL EMPLOYEE.
Any employee
specifically hired to perform common labor outdoors which can be done only
during periods of favorable weather.
Seasonal employees work only during the period of March 1st through
October 31st of any calendar year, unless otherwise mutually agreed to by the
COUNTY and the
8. EXEMPT EMPLOYEE.
Any employee working less than half time.
9. LIMITED TERM EMPLOYEE.
Any employee
appointed to a position designated by mutual agreement between the COUNTY and
the
10. SHOP STEWARDS.
Employees
selected by the
ARTICLE II - RECOGNITION
The COUNTY recognizes the
ARTICLE III - PRESERVATION OF PUBLIC RIGHTS
The
1.
The determination of the governmental services to be
rendered to the citizens of
2.
The determination of the County's financial, budgetary and
account procedures.
3.
The management and direction of the work force including,
but not limited to, the right to determine the methods, processes and manner of
performing work; the right to hire, promote, transfer within the same pay range
and retain employees; the right to discipline or discharge for proper cause;
the right to lay off for lack of funds; the right to abolish positions or
reorganize the sections or divisions; the right to determine schedules of work;
the right to purchase, dispose and assign equipment or supplies; and the right
to contract or subcontract any work.
4.
The right in times of financial exigency to lay off or
reduce the work week with corresponding wage reduction, or furlough employees
without pay after giving the UNION at least 15 working days notice of the
intended action. The reduction in work
week or furloughing of employees shall not result in a loss of insurance
benefits provided under Article XI [A4]or sick and
vacation leave accrual.
5.
Vacation, sick leave, or compensatory time off may not be
used outside a reduced work week or during a furlough period. The County shall be required to dismiss any
temporary employee performing similar type work prior to furloughing any
regular, provisional or probationary employee.
The
COUNTY, in exercise of the above‑mentioned functions, will not
discriminate against any employee because of their membership in the
ARTICLE IV - UNION SECURITY AND CHECKOFF
[A5]The COUNTY and the
Inasmuch as it is required that the UNION represent
every employee within the bargaining unit, making each employee thus a recipient
of the UNION's services, it is mutually agreed and recognized by the parties
that each employee who is a member of the bargaining unit set forth in Article
II to which the UNION serves as the bargaining agent, but who is not a member
and chooses to remain not a member of the UNION, shall proportionately and
fairly share in the cost of the collective bargaining process. Therefore, the cost per employee is fixed
proportionately at the amount of dues uniformly required of each member of the
Such uniform amounts as the UNION Treasurer certifies
to the COUNTY as the monthly dues approved by the members of the
A like amount in lieu of dues will be automatically
deducted from employees in the bargaining unit who have not signed an
authorization form requesting UNION membership dues deduction. It is understood that the like amount in lieu
of dues shall only be used as directed by the constitution and bylaws of the
Any individual employee objecting on bona fide
religious tenets or teachings of a church or religious body of which such
employee is a member will inform, in writing, the COUNTY and the UNION of
his/her objection. The employee will
meet with representatives of the
The COUNTY will not be held liable for checkoff
errors, but will make proper adjustments with the
The County will notify the
ARTICLE V - P.E.O.P.L.E.
(PUBLIC EMPLOYEES ORGANIZED TO
PROMOTE LEGISLATIVE EQUALITY)
1.
The COUNTY agrees to make payroll deductions from the pay of
those employees who request, in writing, to deduct from their earnings regular
payroll deductions in such amounts authorized by the employee to be paid to the
Treasurer of the National Public Employees Organized to Promote Legislative
Equality (PEOPLE) Committee.
2.
The COUNTY shall remit the aggregate deductions of all
employees, together with an itemized statement showing the name and social
security number of each employee from whose pay deductions have been made and
the amount deducted during the period covered by the remittance, to the
Treasurer of the PEOPLE Committee, AFSCME COUNCIL NO. 75,
3.
All PEOPLE contributions shall be voluntary and may be
revoked at any time by giving written notice to the
4.
The UNION shall indemnify and save the COUNTY harmless
against any and all claims, damages, suits or other forms of liability which
may arise out of any action taken or not taken by the COUNTY for the purpose of
complying with the provisions of this Article.
ARTICLE VI - HOURS OF WORK
1. REGULAR HOURS.
The
regular hours of work each day shall be consecutive except for interruptions
for lunch period and emergencies.
2. WORK WEEK.
The
work week shall consist of five (5) consecutive eight (8) hour days Monday
through Friday, inclusive except for employees in continuous operations
discussed below; and except as may be modified by Articles XIV, XV, or XVI[A6].
3. WORK DAY.
The
work day shall consist of the current prevailing consecutive hours of work now
scheduled. All employees shall be
scheduled to work on a regular work shift, and each shift shall have regular
starting and quitting times, except as may be modified by Articles XIV, XV, or XVI[A7].
4. WORK SCHEDULES.
Work
schedules showing the employee's shift, work days and hours shall be posted on
all department bulletin boards at all times.
Work schedules for any work shift shall not be changed unless the changes
are posted for seven (7) calendar days prior to the change, except for
emergency work described in Section 10 and flexible scheduling described in
Section 11.
5. CONTINUOUS OPERATIONS.
Employees
engaged in continuous operations are defined as being any employee or group of
employees engaged in an operation for which there is regularly scheduled work,
seven (7) days a week. The work week for
employees engaged in continuous operations shall consist of five (5) consecutive
days.
6. SHIFT PREFERENCE.
Whenever
there is more than one (1) shift within the same job classification, within a
division, employees shall be granted, at their request, preference of shift
according to their respective seniority within the affected classification in
the division. Provided, however, that
shift changes may be made only when a vacancy occurs on another shift, and
provided further, that the employee is qualified to perform the duties set
forth in the classification description for the position on the other shift. Disputes concerning the qualifications of an
employee to select a shift may be filed as a grievance in accordance with Article XXI[A8].
7. REST PERIODS.
All
employees' work schedules shall provide for a fifteen (15) minute rest period
during each one‑half (1/2) eight (8) hour shift. Rest periods shall be scheduled at the middle
of each one‑half (1/2) eight (8) hour shift whenever reasonable. Employees who, for any reason, work beyond
their regular quitting time into the next shift shall receive a fifteen (15)
minute rest period before they start to work on the next succeeding shift, when
it is anticipated the overtime is expected to extend a minimum of one and one‑half
(1 1/2) hours, except as may be modified by Articles XIV, XV, or XVI.
8. [A9]MEAL PERIODS.
Employees
whose regularly scheduled shift begins between 3:00 P.M. and 12:00 midnight
shall be granted a lunch period on COUNTY time of at least one‑half (˝)
hour during each work shift. All other
employees shall be granted a lunch period on employee time of at least one‑half
(˝) hour during each work shift.
Whenever possible, such meal period shall be scheduled in the middle of
the shift. The COUNTY shall permit any
employee who is requested to and does work more than two (2) hours beyond their
regular quitting time, one‑half (˝) hour off for a meal. Whenever possible, this meal period shall be
scheduled at or near the end of the employee's regular shift.
9. CLEANUP TIME.
The
COUNTY shall provide the required facilities for the employee's cleanup.
10. EMERGENCY WORK SHIFT.
Change
of an employee's scheduled working hours to transition to twenty‑four
(24) hour emergency coverage will be paid according to the following schedule:
Differential pay is as follows:
Overtime will
be paid at the rate of time and a half (1˝) of the base pay plus differential
pay.
Continuous
Work Shift. In the event an
employee's shift is continuous from one work day to a new work day such
continuous hours shall apply to the day the shift began. Management will assure that employees that
worked an emergency shift will have an opportunity to work a forty hour week,
unless such schedule would be in conflict with law or other parts of the
contract.
An employee
shall maintain their right to a regular shift and may be transferred to their
normal shift at the end of the emergency without penalty, provided the employee
has at least eight (8) hours rest period.
11. FLEXIBLE SCHEDULING.
A. Employees may request flexible scheduling
which permits infrequent modification of hours of work on a case-by-case
basis. The purpose of this flexibility
is to allow employees, with the approval of management, the ability to adjust
the hours of a work shift.
Flexible
scheduling must meet the following criteria:
1. Employee requests for flexible scheduling
must be submitted in writing at least twenty-four hours in advance, unless the
COUNTY waives said requirement(s).
2. Adjustments to hours of work must:
a. Not normally exceed four (4) hours;
b. Be mutually
beneficial to the employee and the COUNTY;
c. Not negatively affect other employees;
d. Not impede customer service or normal work
processes;
e. Not generate additional labor costs;
f. Occur during the same work day.
B. An employee who works a flexible schedule
and works in excess of eight (8) hours per day, or ten (10) hours for employees
scheduled to work a four-day work week, will be eligible for overtime subject
to Article XIII, Section 9 –[A10]
Wages-Overtime.
ARTICLE VII - HOLIDAYS
1. HOLIDAYS.
The following days shall be
recognized and observed as paid holidays;
·
New Year's Day (January 1st)
·
Martin Luther King Jr. Day (Third Monday in January)
·
President's Day (Third 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)
·
Christmas Day
(December 25th)
·
Every day
appointed by the Board of County Commissioners as a holiday,
·
Floating holiday
‑ One floating holiday of eight (8) hours shall be granted to each
employee on January 1 of each year.
Floating holidays may be used in hour increments. Any floating holiday, or portion thereof,
that is not used by the end of the calendar year will be converted to vacation
hours. Upon termination of an employee for any reason, or in the event of the
death of an employee, any floating holiday, or portion thereof, that is not
used shall be paid either to the employee or their heirs, whichever the case
may be.
2.
HOLIDAY PAY.
3.
WEEKEND HOLIDAYS.
Whenever a holiday shall fall on the first day not included in the
employee's regularly scheduled work week, the preceding day in an employee's
regular work week shall be observed as a holiday. Whenever a holiday shall fall on the second
day not included in the employee's regularly scheduled work week, the following
day in an employee's regular work week shall be observed as a holiday, except
as may be modified by Articles XIV, XV, or XVI[A11].
4.
HOLIDAY DURING LEAVE.
Should an employee be on
authorized leave when a holiday occurs, such holiday shall not be charged
against such leave.
5.
HOLIDAY WORK.
If an employee works on any of
the holidays listed above, an employee shall, in addition to their holiday pay,
be paid for all hours worked at the rate of time and one‑half (1˝) an
employee's regular rate of pay. For the
purpose of computing overtime on holidays, a week in which a holiday occurs on
any day shall be considered a thirty‑two (32) hour work week, and all
work beyond thirty‑two (32) hours shall be considered overtime, based
upon an employee's regular hourly rate.
Should two (2) holidays occur in the same week, the work week will then
be considered as twenty‑four (24) hours, and all work beyond twenty-four
(24) hours shall be overtime. If
Christmas Day or New Year's Day falls on a Saturday or Sunday, any employee
called into work on an emergency shall be paid for a minimum of four (4) hours
at double time and one-half (2˝) of the employee's regular rate of pay, and
double time and one-half (2˝) of the employee's regular rate of pay for each
hour worked in excess of four (4) hours.
ARTICLE VIII - SICK LEAVE
1. ACCRUAL.
Paid
sick leave shall accrue at the rate of eight (8) hours for each full calendar month of service
to be used in the event of an employee's illness or illness of a member of an
employee's immediate family. Sick leave
shall be accrued without limit.
Seasonal, temporary and part-time exempt employees shall not accrue sick
leave. Sick leave shall accrue during
any calendar month in which the employee is in a paid status for at least
eleven (11) working days or nine (9) working days for employees on a four-day
work week.
2. IMMEDIATE FAMILY.
An
employee's immediate family shall be defined as spouse, domestic partner (as
defined by the Benefit Review Committee), parents, children, brother, sister,
grandparents, stepchildren, stepparents, father-in-law, mother-in-law, sister-in-law, brother-in-law and
grandchildren. In relationships other
than those set forth above, under exceptional circumstances, such leave of
absence may be granted by the Department Director or his/her designee(s) upon
request.
3. UNUSED SICK LEAVE AT THE TIME OF RETIREMENT.
Pursuant
to ORS 237.153, the COUNTY shall report all allowable sick leave hours to PERS
upon an employee's separation from COUNTY employment.
4. REGULAR PART‑TIME EMPLOYEES.
Regular
part-time employees shall be granted sick leave on a pro rata basis using a
2080 hour base.
5. USE OF SICK LEAVE.
Employees
may utilize their allowance of sick leave when unable to perform their work
duties by reason of illness, off the job injury, pregnancy, necessity for
medical or dental care, exposure to contagious disease under circumstances by
which the health of the employees with whom associated, or member of the public
necessarily dealt with would be endangered by the attendance of the employee,
or by serious illness or death in their immediate family requiring the presence
of the employee, for such period as the employee has sick leave credit. If the COUNTY has reasonable suspicion of
sick leave abuse, the employee may be required to provide appropriate
documentation of illness as deemed necessary by management. Any requests for documentation cannot be
arbitrary or capricious. If the employee
is under a doctor’s care, a doctor’s certificate shall be considered
appropriate documentation.
ARTICLE IX - VACATION LEAVE
1. ACCRUAL.
Vacation leave with pay shall accrue at the rate shown on
the first day of the month for each preceding calendar month worked in
accordance with the following schedule.
Vacation leave shall accrue during any calendar month in which the
employee is in a paid status for at least eleven (11) working days, or nine (9)
working days for employees on a four-day work week. It is recognized that in all cases, service
shall be interpreted to mean continuous County service. Continuous service for the purpose of
determining eligibility for accelerated vacation accrual rates shall be service
unbroken by separation from County employment that results in a new date of
hire. Vacation accrual shall not be
reduced except by breaks in service occurring after
A.
Basic Vacation
Plan
Employees
hired prior to
1.
Employees having served in the COUNTY service for six (6)
consecutive full calendar months, shall be credited with fifty-two and
two-tenths (52.2) hours of vacation leave.
2.
After six (6) months, but less than five (5) years of
service: 104.4 hours per year accrued at
the rate of 8.7 hours per month.
3.
Five (5) to ten (10) years, but less than ten (10) years of
service: 128.4 hours per year, accrued
at the rate of 10.7 hours per month.
4.
Ten (10) to fifteen (15) years, but less than fifteen (15)
years of service: 152.4 hours per year,
accrued at the rate of 12.7 hours per month.
5.
Fifteen (15) to twenty (20) years, but less than twenty (20)
years of service: 176.4 hours per year,
accrued at the rate of 14.7 hours per month.
6.
After twenty (20) years of service: 200.4 hours per year, accrued at the rate of
16.7 hours per month.
B.
Vacation
Sell-Back Plan