PREAMBLE

This Agreement is entered into by the City of Cornelius, hereinafter referred to as the "City," and the City of Cornelius Employees Union, AFSCME Council 75 and AFSCME Local 189-B, hereinafter referred to individually and collectively as the "Union," made and entered into for the purpose of fixing the wages, hours and conditions of employment and establishing an equitable and peaceful procedure for the resolution of differences between the parties.

ARTICLE 1: RECOGNITION

A. The City recognizes the Union as the sole and exclusive bargaining agent for the purpose of establishing wages, hours and other conditions of employment for all regular full‑time and regular part‑time (20 hours or more per week) employees of the City.

B. The bargaining unit shall not include sworn police officers, firefighters, supervisory, and/or confidential employees. The bargaining unit shall consist of employees in the police and fire departments who are not strike prohibited police officers and firefighters.

C. New classes may be developed within the bargaining unit by the City and a wage scale assigned thereto. The City shall forward notice of the new class and wage scale to the Union by certified mail. The wage scale so assigned may be negotiated upon request by the Union to meet within fourteen (14) days after receipt of the notice from the City. If the Union fails to request bargaining with the City within fourteen (14) days of receipt of notice of the new class, the interim wage scale shall become final.

ARTICLE 2: MANAGEMENT RIGHTS

A. It is recognized that an area of responsibility must be reserved to the employer if the City is to effectively serve the public. Except to the extent expressly abridged by a specific provision of this Agreement, it is recognized that the responsibilities of management are exclusively functions to be exercised by the City by way of illustration and not of limitation, the following are listed as such management functions:

1. The determination of the services to be rendered to the citizens served by the City.

2. The determination of the employer's financial, budgetary, accounting and organization policies and procedures.

3. The continuous overseeing of personnel policies, procedures and programs promulgated under any ordinance or administrative order of the City established personnel rules and regulations not inconsistent with any other term of this Agreement.

4. 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 determination of the duties and qualifications of job classifications; the right to hire, promote, train, demote, transfer and retain employees; the right to discipline or discharge for just cause; the right to lay off for lack of work or funds; the right to abolish positions or reorganize the departments or divisions; the right to determine schedules of work; the right to purchase, dispose and assign equipment or supplies; and the decisions to contract or sub‑contract any work.

B. It is understood that the exercise of the management's rights specified above will not violate any provisions of this Agreement, and that the City will fulfill any obligation to bargain concerning mid-term changes which are mandatory subjects of bargaining.

C. Any claimed violation of the duty to bargain as used in this Agreement shall be reviewable by the Oregon Employment Relations Board and shall not be subject to the grievance procedure set forth in this Agreement.

ARTICLE 3: UNION SECURITY

A. Checkoff. Upon receipt of signed authorization, and to direct payment thereof to the AFSCME Central Administration account by each member of the Union, the City agrees to deduct from such member's monthly paycheck the amount shown on the said authorization. The City agrees to remit the aggregate of the deductions monthly to the treasurer of the Union on behalf of the employees involved. Current requests from employees shall remain in full force and effect.

B. Hold Harmless. Provided the City acts in compliance with the provisions of this article, 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 the City's enforcement of the above provisions or as a result of any check off errors arising out of acts of the Union.

C. New Hires. The City will notify the Union of all new hires within one (1) week after their having been employed, furnishing the Union with the new employee's name, social security number, mailing address and position for which he or she was hired.

D. Bulletin Boards. The City will install and maintain bulletin boards on its property for use by the Union at such locations as mutually agreed upon by the parties. Bulletin boards shall be a maximum of four (4) square feet each and suitable for wall mounting. The Union agrees that it will not use City bulletin boards for posting any material or notices that is offensive or derogatory. All items posted will bear the signature of an official of the Union. The City may remove a posting not in compliance with this Article, and deliver it to a union officer, and confer concerning the propriety of the posting. Any dispute will be resolved through the problem resolution process of Article 22.

E. Solicitation. Except as otherwise provided in the agreement, during their working hours Union members shall not engage in solicitations or carry on business activities of the Union except as permitted by this Agreement; provided that this provision shall not prohibit conversations concerning Union matters which do not interfere with the work and duties of any City employee.

F. Employees may engage in representation of other union members during an investigation and at the stages of the problem solving process, or during processing of grievances during working hours without loss of pay. The Problem Resolution Process hereinafter set forth in Article 22.

G. The City agrees to deduct once each month from the pay of employees covered by this Agreement a monthly service fee from any member of the bargaining unit who has not joined the Union within six (6) months after initial date of hire. This service fee shall be used by the Union solely to defray the cost of its services in negotiating and administering this contract. The amount of monthly service fee shall be set at the amount of regular Union dues deducted.

H. The City agrees that accredited representatives of the American Federation of State, County and Municipal Employees, whether local union representatives, district counsel representatives or International representations, shall have full and free access to the premises of the City at any time during working hours to conduct Union business so long as they do not interrupt the work force.

ARTICLE 4: NONDISCRIMINATION

A. Employees shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation matters of employment relations. No employees shall be interfered with, intimidated, restrained, coerced or discriminated against by the City because of his exercise of his rights.

B. The provisions of this Agreement shall be applied equally to all employees in the bargaining unit without discrimination as to marital status, sex, race, color, national origin, age, union affiliation or political affiliation.

C. All references to employees in this Agreement designate both sexes and whenever the male gender is used it shall be construed to include male and female employees.

ARTICLE 5: HOURS OF WORK

A. Regular Hours. The regular hours of each workday shall be consecutive with interruptions for lunch periods.

B. Work Week. Work week shall consist of a seven (7) day work schedule with five (5) consecutive eight (8) hour days with two (2) consecutive days off or four (4) consecutive ten (10) hour days with three (3) consecutive days off or any other type of alternative work schedule agreed to in writing by the employee(s) and the City.

C. Work Shift.

1. Each employee shall be scheduled to work on a regular shift. Each employee shall have regular starting and quitting times.

2. At least fifteen (15) hours shall be scheduled between eight (8) hour shifts and at least fourteen (14) hours between ten (10) hour shifts.Employees will not be required to double‑back on regular shift assignments, except as agreed upon under Section B above.

3. If the City has no choice but to work an employee without at least ten (10) hours off between the end of work and return to work, during the ten (10) hour period regardless of whether the hours are in excess of forty (40) in the workweek, then the City shall pay the employee at the rate of time and one‑half (1 1/2) for the hours worked.

D. Job Sharing.

1. Any employee who wishes to participate in job sharing will submit a written request to the supervisor to be considered for a job share position. The City shall notify the employee requesting the job share of the City Manager’s decision in writing within two weeks of the date of the request.

2. Job sharing employees shall accrue vacation leave, sick leave and holiday pay based on a pro rate of hours worked in a month. Individual salary review dates will be established for job share employees.

3. Job sharing employees shall be entitled to share the full Employer paid flat rate benefit for one (1) full time position based on a pro rate of regular hours scheduled per week or per month whatever is appropriate. In any event, the Employer contribution for flat rate benefits in a job share position is limited to the amount authorized for one (1) full time employee.

4. For purposes of layoff, individuals filling a job share position which totals a full time equivalent shall be considered as one (1) full time equivalent. Seniority shall be determine by averaging the two individual length of service and two individuals shall be treated as one (1). Regular status employees who are filling a job sharing position and who elect not to be treated as one (1) full time equivalent shall be considered regular part-time employees.

5. If one (1) job-sharing partner in a job sharing position is removed, dismissed, resigns or otherwise is separated from City service, the City has the right to determine if job sharing is still appropriate for the position. If the City determines that job sharing is not appropriate for the position or the City is unable to recruit qualified employees for the job share position, the remaining employee shall have the right to assume the position on a full time basis. Upon approval of the City, the remaining employee may elect to transfer to a vacant part-time position in the same classification or to voluntarily demote to a vacant position for which the employee is qualified. If the above conditions are not available or acceptable, the employee agrees to resign.

E. Rest Periods. All employees shall have a fifteen (15) minute rest period during each one‑half (1/2) shift which shall be scheduled as near the middle of each one‑half (1/2) shift as is feasible.

F. Meal Periods. All employees shall be granted a thirty (30) minute or a sixty (60) minute unpaid meal period during each work shift, which shall be scheduled as near the middle of each shift as is feasible. The current length of meal periods may be changed by mutual agreement between the employee and supervisor. However, where the City now allows thirty (30) minutes off or sixty (60) minutes off, as the case may be, the City will continue to do so for the life of this Agreement unless changed by mutual agreement of the employee and a supervisor.

G. Call Back Time. Any employee called to work outside of his regularly scheduled shift shall be paid for a minimum of two (2) hours at the rate of time and one‑half; provided, however, that whenever public works employees are called out for public works issues except connects/disconnects, the callback minimum shall be four (4) hours. Callout on a holiday recognized in Article 9 related to holidays shall be paid at the double time rate; overtime on a holiday call out shall also be paid at the double time rate. If the call back time work assignment and the employee's regular shift overlaps, the employee shall be paid the call back time rate of time and one‑half until he completes two (2) hours work. The employee shall then be paid for the balance of the regular work shift at the appropriate rate. This section does not apply to scheduled overtime at the beginning of the work shift or workday or at the end of the work shift or workday provided forty‑eight (48) hour notice has been given and the overtime is consecutive with the shift hours or work.

H. Overtime.

1. When employees are required to work overtime, employees and the City may agree to payment by compensatory time off in lieu of pay at the rate of one and one‑half (1 1/2) times their regular rate of compensation. Overtime is defined as any hours worked over the regularly scheduled hours in any workday as defined in Article 5. B or any hours in excess of forty hours in one workweek.

2. Compensatory time accumulation shall not exceed forty (40) hours. Employees may request to take compensatory time off, and time off shall either be scheduled off at a time agreed upon by the City and the employee when it will not be unduly disruptive, or within a reasonable period of the request. If the employee and City do not agree, the employee will withdraw the request. If the employee does not withdraw the request in such a case, the City shall either allow the time off or purchase all of the employee’s comp time balance. (The purchase of a comp time balance shall not affect the employee’s or union’s rights under the problem solving process.)

3. Employees who for any reason work beyond their regular quitting time shall receive a ten (10) minute rest period before they start to work on such next shift. In addition, they shall be granted the regular rest periods at three (3) hour intervals.

I. Pager Pay. The City shall pay the employee a flat rate of pay of $150.00 (one hundred fifty dollars) to carry a pager for seven (7) consecutive calendar days. Should one of those seven days fall on a designated holiday as outlined in Article 9, an additional flat rate of $50.00 (fifty dollars) will be paid. During that period the employee shall respond by telephone within ten (10) minutes of the page. If the page requires respondent on site, the employee shall be on site (the public works yard) within thirty (30) minutes of the page; and, shall be paid call back time as set forth in paragraph G above for each actual call out. A pager and cell phone shall be provided. This is mandatory for all qualified employees.

J. Work Schedules. Work schedules shall be placed on the bulletin boards in respective work areas.

K. Job Descriptions. All employees of the City shall receive a job description with their duties and responsibilities fully outlined.

L. Reporting Time.

1. Any employee who is scheduled to report for work and who presents himself for work as scheduled shall be assigned to at least four (4) hours of work.

2. If work within the bargaining unit is not available, the employee shall be excused from duty and paid, at his regular rate for four (4) hours work at the appropriate rate, straight time or overtime, whichever is applicable.

3. When any employee reports for and starts to work as scheduled, and is excused from duty before completing four (4) hours work, the employee shall be paid, at his regular rate, for four (4) hours work at the appropriate rate, straight time or overtime, whichever is applicable.

ARTICLE 6: WAGES

A. Rate of Pay. Each employee shall be paid at one of the steps in the range prescribed for his/her classification as set forth in attached Appendix A. Additional increases for July 1, 2005, July 1, 2006 and July 1, 2007 will be based on the annual ALL US CPI-W for the year ending December 31 with a minimum of two percent (2%) and a maximum of four percent (4%) per year.

B. Beginning Salary. Normally an employee will be appointed or reinstated at the first step of the range established for his/her classification. The City may make an appointment or reinstatement above the first step.

C. First Six Months of Service. A new employee or promoted employee is eligible for consideration for advancement to the next step of the salary range for his classification at the beginning of the next pay period following completion of the equivalent of six months of service.

D. Additional Increases. An employee is eligible for consideration for an additional increase at the end of twelve months continuous service following the last in‑range increase on the first payroll period following the anniversary date.

E. Step Increase Criteria. Step increases shall be awarded if an employee has demonstrated satisfactory work performance on the first payroll period following the anniversary date. Satisfactory performance will be assumed unless the employee has received formal discipline for just cause during the six months immediately preceding his/her anniversary date, or counselling or other corrective action and a performance review that rates overall performance as below acceptable. If such an employee’s wage increase is withheld or top step wages are reduced one step, the employee will receive quarterly evaluations until satisfactory performance qualifies the employee for the next step increase. [Note: The City may reduce an employee one pay step from top step in the event of unsatisfactory performance under the same circumstances and with same process as applies to withholding steps for poor performance.]

F. Pay Day. Employees shall be paid on the 15^th and the last day of each month. If either falls on a Saturday, Sunday or a holiday, employees shall be paid on the last working day preceding the 15^th or the last day of the month.

ARTICLE 7: RETIREMENT

Section A. Public Employee Retirement System (“PERS”) Members.

A. Employee Defined. For purposes of this Article 26.2, “employee” means an employee who is employed by the City on August 28, 2003 and who is eligible to receive benefits under ORS Chapter 238 for service with the City pursuant to Section 2 of Chapter 733, Oregon Laws 2003.

B. Retirement Contributions. On behalf of employees, the City will continue to participate in and make contributions to PERS. The City does not “pick up” the six percent (6%) employee contribution to the Public Employees Retirement Fund.

Section B. Oregon Public Service Retirement Plan Pension Program (“OPSRPPP”) Members.

For purposes of this Article 26.2, “employee” means an employee who is employed by the City on or after August 29, 2003 and who is not eligible to receive benefits under ORS Chapter 238 for service with the City pursuant to Section 2 of Chapter 733, Oregon Laws 733. Contributions to Individual Account Programs will be made in accordance with the law.

ARTICLE 8: HEALTH & WELFARE

A. Medical/Dental Insurance ‑ Full Time Employees

1. The City shall provide full family medical, dental and vision plans through CIS.

2. The City's monthly flat rate benefit contribution shall be $877.04 per employee for full time employees. The flat rate benefit may be applied to health premiums and/or deferred compensation on a pre-tax basis or as salary on an after tax basis. The employee is required to carry insurance for employee only with the City’s insurance carrier. The insurance contribution of the City shall increase effective January 1, 2005, January 1, 2006 and January 1, 2007 based on 100% of the All-US CPI-W for the prior year ending December 31, but not less than 3%. Nothing in this Agreement shall require the City to provide a benefit which is discontinued by CIS and/or BCBSO in plan designs offered to CIS employers.

3. The City shall have no other obligation to bargain concerning CIS plan design changes imposed by CIS.

B. Medical/Dental Insurance ‑ Part‑Time Employees

1. Part‑time employees will receive a flat rate benefit equal to that of full‑time employees based on the following:

20‑29 hours per week = 50% of the flat rate benefit.

30‑39 hours per week = 75% of the flat rate benefit.

C. The City shall provide Long Term Disability, Accidental Death and Dismemberment and Life insurance without cost to the employees.

ARTICLE 9: HOLIDAYS

A. All regular employees of the City shall be entitled to the holidays listed below with pay.

1. New Year's Day

2. Martin Luther King Jr.'s Day

3. Presidents' Day

4. Memorial Day

5. Independence Day

6. Labor Day

7. Veterans' Day

8. Thanksgiving Day

9. The Day After Thanksgiving Day

10. Christmas Day

11. Two (2) personal holidays per fiscal year ‑ these are not accumulative. New employees hired after January 1 will receive one personal day.

B. If any such holiday falls on a Sunday, the following Monday shall be given as a holiday. If any such holiday falls on a Saturday, the preceding Friday shall be given as a holiday.

C. In the event the Congress or the President of the United States and the Legislature or Governor of the State of Oregon declares that a new legal holiday shall be observed, the City and the Union shall bargain concerning this Article.

D. Holidays, which occur during vacation or sick leave, shall not be charged against such leave.

E. If the City and an employee agree that the employee will work on a holiday, they may agree to substitute a floating holiday.

ARTICLE 10: VACATION

A. All regular employees with less than five (5) years of continuous service shall be entitled to ten (10) days annual vacation leave with pay. Employees with five (5) through ten (10) years of continuous service shall be entitled to fifteen (15) days annual vacation leave and one (1) additional day for each year of continuous service for each year after ten (10) years, but not exceeding a maximum of twenty days of vacation leave.

B. New employees shall not be eligible for vacation leave during their period of probation.After probation is completed satisfactorily, the employee will receive a block of vacation equal to the monthly accrual for each full month served as a probationary employee.

C. Accrual. Annual vacation shall accrue from the completion of probation on a monthly basis.

D. Vacation leave can accrue from year to year with a maximum accrual limit of thirty (30) days. However, no employee shall lose any vacation without thirty (30) days notice that he/she needs to use it. Employees who do not request a vacation period prior to the end of the ninth month following the year in which the vacation was earned may be scheduled for a vacation by the City. However, the City shall not be held responsible for any forfeiture that results from an employee’s failure to schedule vacation. The vacation shall be scheduled within the three months remaining in the year.

E. Vacation Transfer. An employee may transfer up to eighty (80) hours of vacation in a year to the account of any other City employee who has exhausted all of their own earned leave and comp time, if any, as a result of a prolonged absence from work due to their own illness, injury, or communicable disease or that of a member of their immediate family or immediate household. No such transfer shall result in payment of cash in lump sum upon termination of employment, and instead shall be restored to the donor or a residual vacation leave balance upon return to work. Any unused excess shall be restored to donors.

F. Any employee may request and receive once per fiscal year payment by separate check for up to five (5) days of accrued vacation, provided that the employee has used at least five (5) days of vacation as time off during the fiscal year.

1. Vacation periods shall be taken each year. Employees will ordinarily be required to take a minimum of five (5) days vacation per year.

2. Vacations shall be granted at the time requested by the employee provided this does not conflict with the needs of the City.

3. If the nature of the work makes it necessary to limit the number of employees on vacation at the same time, the employee with the greater seniority who has chosen by April 1 shall be given preference of vacation period in the event of any conflict over vacation periods. An employee will only be entitled to exercise seniority over other employees for one vacation period per calendar year which has been selected by April 1.

4. Selections made after April 1 shall be approved and denied on a first come first served basis.

G. Any employee who is requested to and does work during his vacation period shall be paid for regular work hours at the rate of time and one‑half (1 1/2) of his regular rate and for overtime hours at a rate of two and one‑half (2 1/2) time his regular rate of pay. In addition, the employee's vacation (with pay) shall be rescheduled to any future period the employee may request.

H. Any employee who is laid off, discharged, retired, or separated from the service of the employer for any reason, prior to taking his vacation, shall be compensated in cash for the unused vacation he has accumulated at the time of separation.

I. Each employee will receive their paycheck the last workday before commencement of their vacation.

J. Statements of vacation accruals shall be supplied monthly to each employee.

K. If a holiday occurs during the calendar week in which a vacation is taken by an employee, the employee's vacation period shall be extended one additional workday.

ARTICLE 11: SICK LEAVE

A. All full‑time City employees shall earn sick leave with full pay at the rate of one (1) workday for each calendar month of service. Such leave shall accrue from the date of employment. Such leave shall not be accumulated in excess of 140 days.

B. Employees are eligible for sick leave for the following reasons:

1. Non‑occupational personal illness of physical disability which prevents the employee from performing his/her normal duties, including medical and dental appointments.

2. Quarantine of an employee by a physician for non‑occupational related disability.

3. In order to care for a member of the immediate family or a ward where the employee is the legally appointed guardian of a dependent living in the household. Immediate family as used in this Agreement shall be defined as spouse, parents, children, step-children, brother, sister, nieces and nephews, grandchildren, grandparents, father-in‑law, mother‑in‑law, sister‑in‑law or brother‑in‑law. Immediate household shall be defined as any person residing at the employee's residence on a regular basis. Provided, however, that except for spouse and children (including the ward in a guardianship relationship who is less than 18 years old) an employee may not use more sick leave than is needed to arrange for alternative care not to exceed ten (10) days.

C. An employee who is unable to report to work because of any of the reasons set forth in paragraph B above shall report the reason for the absence to the employee's supervisor if available as soon as practicable prior to the normal starting time. If the supervisor is not available, the employee shall call and notify his office. In case of extended illness or injury, the employee shall call in at least once per week. The Department Head may require documentation from a doctor, at the City’s expense, from an employee if the City has reasonable grounds to suspect that the employee is abusing sick leave privileges.

D. Abuse of sick leave privilege may be cause for discipline or discharge.

E. Unused sick leave shall not be compensated for in any way except as provided in ORS 238.350, that accumulated unused sick leave will be reported to P.E.R.S. to increase benefits at time of retirement in accordance with PERS sick leave fold-in statutes.

F. Sick leave will be charged for actual time away from the job in half hour (30 minute) increments for absences to care for others. Sick leave will be charged for actual time away in all other cases. Each employee shall be provided with a monthly report of his/her accumulated sick leave.

ARTICLE 12: LEAVES OF ABSENCE

A. Leave Request. Employees may request a leave of absence with or without pay in addition to entitlements for the purposes specified in this article. Each request shall be judged by the City Manager or his designee on its merits and on the basis of the guidelines provided in this section.

B. Bereavement Leave. An employee shall be granted not more than three (3) days leave of absence with full pay in event of death in the immediate family or immediate household of the employee to make household adjustments or to attend funeral services. If such funeral is beyond 250 miles, the employee may be granted up to two (2) additional days with pay at the discretion of his or her department head for travel and personal considerations. Thereafter, additional bereavement leave may be granted by the department head. For purposes of this Agreement, an employee's immediate family is defined as spouse, parents, children, step‑children, brother, sister, grandchildren, grandparents, father‑in‑law, mother‑in‑law, sister‑in‑law or brother‑in‑law, nieces and nephews. Immediate household shall be defined as any person residing at the employee's residence on a regular basis. This leave is nonaccumulative. In the event of an employee’s funeral, fellow employees will be granted up to four (4) hours of time off work as necessary in order to attend the funeral services, subject to operational needs of the City.

C. Witness/Jury Duty Leave. When a City employee is called for jury duty or is subpoenaed as a witness in connection with performance of duty, there shall be no loss of regular City compensation during such absence. Time not worked because of such duty shall not affect vacation or sick leave accruals. Each employee shall deliver to the City all witness fees paid to him. Witness/jury duty leave shall not exceed fifteen (15) days or time necessary while serving as a witness or juror.

D. Military Leave. A member of any US military service, the National Guard or a reserve component of the Armed Forces of the United States or of the United States Public Health Service shall be entitled to a leave of absence from City service for a period not exceeding fifteen (15) calendar days in any one (1) calendar year for training and reserve duty. Such leave shall be granted without loss of time, pay or other leave. The City will pay the difference between military pay and City pay.Employees shall have all rights of military service members granted by Oregon and federal law.

E. Conference/Convention Leave. Decisions concerning attendance at conferences conventions or other meetings at City expense shall be made by the department head with the approval of the City Manager. Permission shall be granted on the basis of an employee's participation in or the direct relation of their work to the subject matter of the meeting. Members of professional societies may be permitted to attend meetings of their society when such attendance is considered to be in the best interest of the City.

F. Temporary Leave. Leaves of absence for a limited period, not to exceed thirty (30) days, may be granted for any reasonable purpose. Such leaves will be unpaid or paid by the use of existing leave accumulations at the choice of the employee; and, may be extended or renewed upon approval of the City Manager.

G. Union Leave. Employees elected or selected by the Union to an office or position which takes them from their employment with the City, at the written request of the Union, may be granted unpaid leave of absence not to exceed five (5) consecutive days per absence.

H. Parental/Family Leave. Leave may be taken pursuant to State and Federal Law and shall run concurrently.

ARTICLE 13: TRAINING AND EDUCATION

A. Training. Training will be defined as training that is required by state law or specialized training for job assignments as directed by the department head or his/her designee.

1. All reasonable related expenses mutually agreed upon before the employee leaves for any mandatory training shall be paid by the City. Such reasonable expenses shall include but not be limited to:

a. Course or seminar fees and/or tuition,

b. Required books, course materials, etc., and

c. Meals, lodging, and travel (if travel is by automobile, use of city vehicle or mileage for personal vehicle.)

2. The department head shall endeavor, subject to reasonable operating needs, to distribute mandatory training funds equitably among all department employees.

3. The City may approve voluntary training to be attended by employees on whatever basis the City and the employee agree upon.

B. Education Assistance. The City of Cornelius provides training and education opportunities for its employees, recognizing the benefits of a well‑trained and properly educated work force.

Educational assistance will be available to employees if the education is directly related to the employee's position and if it is expected to (a) increase the employee's knowledge within the duties expected of the position, or (b) qualify the employee for advancement.

1. Employees must obtain prior approval from their Department Head and the City Manager and will be reimbursed at 100% for tuition at a grade "C" or above for community college classes, seminars, workshops, bachelor and advance degree programs to a maximum of $1,500 per employee per fiscal year if funds are available.

2. Classes must be taken outside the employee's normal working hours. If the class is only available during normal working hours, arrangements must be made with the immediate Department Head and City Manager prior to enrollment.

3. The City will budget a minimum of $1,500 in the General Fund and $1,500 in the Public Works Fund for tuition reimbursement unless competing priorities dictate otherwise in the opinion of the City Council.

4. When training which is directly related to the job which is voluntary is taken at an educational institution (PCC), the City may consider requests to pay tuition, fees and books in advance based on conditions the City may establish case-by-case. If the course is not completed with a “C” or better, or if other conditions are not met, the City may recoup the money advanced by payroll deduction.

C. Employees are expected to demonstrate a commitment to the city by continuing employment for at least twelve months after tuition reimbursement. If employment is terminated, for any reason, within twelve months of tuition reimbursement, employees will reimburse the City; and authorize payroll deduction for the amount of reimbursement to a maximum of $1,500.

ARTICLE 14: CLOTHING/CLEANING

A. The City shall provide any uniform items required for the position, including but not limited to shirts, jackets, vests, coveralls, gloves, safety glasses, rain gear, steel toed rubber boots, hats, and necessary replacements. The City shall also provide one pair of safety shoes per year to each employee, if needed for the position.

B. The City shall launder uniforms for each employee as per OR-OSHA regulations.

ARTICLE 15: PROBATION

A. Probationary Period.

1. All original appointments shall be tentative and subject to a probationary period of six (6) months of service. At or about the three (3) month anniversary of employment the employee shall receive an initial performance evaluation. Upon agreement by the City and the Union, probation may be extended up to six (6) additional months. Probation shall end only upon receipt of a satisfactory performance evaluation which shall not be delayed unreasonably.

2. Upon satisfactory completion of the probationary period as judged by the City in a written performance evaluation, the employee shall be considered as having demonstrated qualifications for the position, shall gain regular status, and shall be so informed through the supervisor. Upon attaining regular status, the employee shall be informed concerning eligibility for a merit increase.

3. During the probationary period, an entry probationary employee may be terminated at any time without appeal and without recourse to the grievance and problem solving process of this Agreement. Probationary employees may not use the grievance procedure.

ARTICLE 16: SENIORITY AND HIRE DATE

A. Seniority shall be determined by the employee's length of continuous service within the bargaining unit since the last actual date of hire by the City plus time spent in unsuccessful probation in a promotional position in the City. All employees shall accumulate seniority on a full time basis prior to June 30, 1993. Part‑time employees will accrue seniority on a pro rata basis up to forty (40) hours per week. Time spent on approved leave shall not constitute a break in seniority up to a maximum of one year for all but military leave for service in a combat zone. “Length of continuous service” shall not be broken by layoff which ends in recall to a City position.

B. Ties in seniority shall be broken by lot.

C. For employees hired before July 1, 2001, employee's anniversary date shall be as if he/she were hired on the first day of the month.

D. The anniversary date for an employee hired after July 1, 2001 and between the first and fifteenth day of the month will become the first day of that month. The anniversary date for an employee hired between the sixteenth and last day of the month will become the first day of the following month.

E. Should a bargaining unit member be placed in an interim management position, seniority would continue to accrue until such time that the employee is moved back into the bargaining unit or the interim status is changed to permanent.

F. A bargaining unit member promoted into management may bump back into the bargaining unit with the seniority held when promoted from and attaining regular status in a position outside the bargaining unit.

ARTICLE 17: PROMOTION AND TRANSFER

A. Promotion is the change of position for an employee from a position in one class designation to a position in a class assigned to a higher salary range.

1. Any job vacancy may be filled by promoting qualified employees within the City service. The City may recruit and appoint applicants from outside the City service when there may be better-qualified applicants available outside the City service.

2. All vacancies will be posted electronically in a manner sufficient to notify all potentially affected employees.

3. The appointment to fill a vacancy shall be made on a competitive basis utilizing criteria established by the City. Where qualifications and ability are relatively equal, seniority within the City service shall be the determining factor.

4. Promotional probation appointments shall be six months, during which, the City may return the promoted employee to his/her former position or be demoted to it for reasons that are not arbitrary or capricious. If the employer or employee exercises the options above and further staff movements are necessary, there shall be sequential downward bumping in reverse order of that which filled the open position created by the promotion addressed in this paragraph. These demotions shall occur without recourse to the grievance and problem solving process of this Agreement.

5. By mutual agreement between the City, the employee and the Union, on a non-precedent setting case by case basis, the promotional probationary period may be extended for a time period up to an additional six (6) months.

6. At or about three (3) months following promotion the employee will be given a performance review.

B. Transfer is a change of an employee from one position to another in the same class or to a position in a comparable class within the City service.

1. Requests from employees for transfers from one department to another shall be made in writing and shall be directed to the employee's present department head and referred to the appropriate department head and the appointing power.

2. Requests for transfer shall be given consideration when a suitable vacancy occurs; however, no employee shall be transferred to a position for which he/she does not possess the minimum qualifications. No requests for transfer under this section will be denied for arbitrary or capricious reasons.

ARTICLE 18: LAYOFF AND RECALL

A. Employees shall be laid off in reverse order of their seniority within each department and by classification.

B. Temporary employees will not be used to fill laid off bargaining unit positions. All temporary and probationary employees shall be laid off before any permanent bargaining unit employees are laid off. This does not apply to seasonal employees. A seasonal employee is an employee who is employed to fill authorized positions for a limited duration to perform seasonal work during the seasonal periods, March 1 to September 30, and October and November by mutual agreement.

C. A layoff is defined as a separation from the City due to the reduction or elimination of a position. All affected employees and the Union shall be given written notice of layoff at least thirty (30) calendar days before the effective day, stating the positions to be laid off. The parties will then meet again within ten (10) working days of receipt of layoff notice to identify the options. The parties will then meet again within ten (10) working days of the previous meeting to complete the process, or within such other times as the parties' mutual agree.

Employees shall have the following options:

1. Accept the layoff.

2. Request assignment to a vacant position within the department for which they possess the necessary qualifications.

3. Displace the employee with the lowest seniority in the same classification and department in the City if the employee is qualified for the position.

4. Displace the employee with the lowest seniority in another classification in the same department if the employee is qualified for the position.

5. Displace the employee with the lowest seniority in the City in a classification in which the employee has prior service.

D. Qualification

1. The qualification of an employee to bump shall depend on that employee's current possession of required certifications and the knowledge, skill and ability to perform the job at a satisfactory level of performance with minor on‑the‑job orientation. If the City finds the employee is not satisfactorily performing the job duties, the employee may be laid off and replaced with the employee displaced from that position. The employee will be placed on the layoff list.

E. Placement

1. Employees who displace an employee in a lower pay range shall be paid the salary closest to their current salary on the pay range of the displaced employee.

F. Recall

1. Employees who are laid off shall be placed on a layoff list by classification from which the employee is laid off. Employee shall be recalled to available vacancies in positions from which they were laid off in seniority order beginning with the employee with the highest seniority. An employee shall remain on the recall list for twenty-four (24) months.

2. Reappointment or refusal of reappointment to the former position from which the employee was laid off shall result in the employee's removal from the layoff list and right to recall. An employee recalled to a position other than that of layoff may opt to remain on the layoff list for the position from which he or she was laid off.

3. All employees on the layoff list have priority over outside hiring provided the employee is fully qualified and can perform the duties of the job in the same or in a lower classification.

4. Upon recall to any position in the City a recalled employee shall have restored all accruals of sick leave, and shall be entitled to credit for service for purposes of vacation accrual rate and longevity.

5. If recalled to a different position in the same classification or in a different classification, then the employee shall be placed on probation for six (6) months. The employee will be placed at the step and range closest to that held when laid off. A new anniversary date will be established as the date of return to work.

6. If recalled to the former position, the employee will serve no probation period. The employee will return to the same range and step as when laid off, will have a new anniversary date for purposes of step increases.

7. Employees on layoff must keep the City informed of their most current address and telephone number during the period of layoff. Failure to do so results in forfeiture of any entitlement under this Agreement to recall or return to work.

ARTICLE 19: PERSONNEL FILES

A. Each employee shall have the right, upon request, to review and obtain, at his own expense, copies of the contents of his personnel file, exclusive of materials received prior to the date of his employment by the City, at the cost established by the City for photocopy charges. The official personnel file shall be maintained by the City Manager or his designee. No other file can be used against any employee in any procedure under this contract.

B. Employee personnel records shall be considered confidential and shall be accessible only to the employee involved, or his designee, and/or selected City officials authorized by the City Manager. This restriction shall not limit City use of the record as necessary nor disclosure as required by law.

C. No portion of the employee's file shall be reproduced without the written consent of the employee, or otherwise in any manner required by the City’s needs or by Oregon law.

D. Each employee shall read and sign any derogatory or critical material that is placed in his personnel file, including employee evaluations, written reprimands, suspensions or discharge, and shall be given a copy. Signing does not necessarily indicate agreement. If an employee refuses to sign or is absent from work, that fact shall be attested to in writing or the document when it is placed in the file. An employee may respond, in writing, to any item placed in such personnel file, and response shall be factual and shall be attached to the item responded to.

E. Written reprimands or other derogatory materials shall be purged from the file after satisfactory performance for an adequate period as determined by the City. This does not apply to disciplinary suspensions and more severe discipline. Purged materials shall be retained in a separate system of records for purposes of the City unrelated to enhancing discipline or employee performance or qualification assessments.

ARTICLE 20: EMPLOYEE EVALUATIONS

A. As part of the City’s personnel system each employee shall be evaluated upon completion of their probationary period and at least once a year on or before their anniversary date.

B. An employee may provide a written response to an evaluation. Such response, along with the original evaluation which shall be a factual statement relating to the content of an evaluation, and which shall be maintained with the evaluation in the employee’s personnel file.

C. An employee shall receive a copy of any employee evaluation report. If an employee wishes to file a factual statement, it must be filed within fifteen (15) work days following receipt of the evaluation by the employee. Performance evaluations are not subject to the grievance procedure. If an employee receives a less than satisfactory review and is denied a step increase, then the City shall formallly review performance at three (3) month intervals until performance differences are corrected and such reviews may be grieved based solely on accuracy.

ARTICLE 21: DISCIPLINE AND DISCHARGE

A. Discipline. Discipline may include but not be limited to oral or written reprimands, suspension, demotion and termination, except those oral reprimands shall not be subject to grievance. Discipline may be imposed in the form of loss of vacation accruals or temporary reduction in pay steps. No regular status employee shall be disciplined except for just cause.Disciplinary action imposed upon an employee, except oral reprimands, may be protested through the entire problem resolution process including grievance and arbitration. Disciplinary action which results in a loss in employee compensation may be protested directly to the City Manager as specified in Article 22, Section B. 1 of this Agreement. Discipline shall be imposed in a manner which will not embarrass the employee before other employees or public.

B. Procedure. If the City determines there is just cause for economic discipline, the City shall deliver to the employee and the Union a written notice of discipline and specify the principal grounds for such action, the general facts upon which discipline is to be based, and the range of discipline under consideration. The employee shall be permitted an opportunity to offer explanation, defense and mitigation to the decisionmaker before the discipline is imposed. Protests of the discharge of an employee shall be directed to the City Manager as specified in Article 22, Section B. 1 of this Agreement.

C. Probationary Employees. This article shall not apply to any employees on initial probation under the terms of this Agreement.

ARTICLE 22: PROBLEM RESOLUTION PROCESS

A. Except as specified elsewhere in this Agreement, all problems or concerns between employees or between employee(s) and the City concerning work related issues shall be resolved through this process.

1. The affected employee(s) with notice to the Union, or the Union on an employee's behalf, shall notify the appropriate supervisor that the employee(s)/Union believe a problem exists which requires a discussion between the affected parties and who the Employee(s)/Union believe these parties are. Such notification shall be in writing and must occur within 15 calendar days of the occurrence which gave rise to the problem, if known; if during the fifteen (15) days the employee(s) is unaware of the problem then the employee(s) or the Union shall notify the appropriate supervisor within ten (10) days of the employee's actual knowledge of its occurrence, whichever is greater.

a. For purposes of this Article, the appropriate supervisor is defined as the lowest level supervisor/manager delegated authority by the City to deal with the specific problems or concerns in question.

b. The parties involved shall meet no later than fifteen (15) calendar days after notice to discuss the issues involved and attempt to resolve the problem using the problem solving model (attached as Appendix C) in an attempt to develop a solution that all parties can support.

c. If a solution is reached at this or a subsequent meeting, it shall be reduced to writing, signed by all parties involved in the discussion, with a copy sent to the City Manager and the Union. If a solution is not reached, the supervisor and the employee(s)/Union Representative shall each summarize their view of the problem, supporting facts and proposed solution(s) and provide a copy to the other within seven (7) days of the discussion meeting where the parties agreed a solution could not be reached.

2. If any of the involved parties wish to pursue the matter further, they shall notify the City Manager and the Union Business Agent in writing that the problem continues to exist which requires further discussion. Such notification shall be in writing and must occur within seven (7) days of receipt of the summary of the other parties' view of the problem and proposed solution(s).

a. Upon receipt of the notification of the affected parties, the City Manager and the Union Business Agent will each appoint one (1) non‑involved member of the City‑Wide Labor/Management Committee to act as a team to meet with the affected parties in an attempt to facilitate a discussion of the issues and a resolution to the problem(s) using the problem solving model.

b. The assigned members of the Labor/Management Committee shall act as co-facilitators and shall convene the meeting of the affected parties at the earliest opportunity, but at a maximum of fifteen (15) days from the date the City Manager and the Union Business Agent were notified in an attempt to develop a solution that all parties can support.

c. If a solution is reached at this or a subsequent meeting, it shall be reduced to writing, signed by all parties involved in the discussion, with a copy sent to the City Manager and the Union. If a solution is not reached, the co-facilitators shall summarize each parties' view of the problem, supporting facts and proposed solution(s) and provide a copy to all affected parties, the City Manager and the Union Business Agent within fourteen (14) days of the discussion meeting where the parties agreed a solution could not be reached.

B. Grievances.

1. If the issues creating the problem involved a dispute which arises between the parties regarding the application, meaning or interpretation of this Agreement, and the problem is not resolved by the process outlined Section A. 2 of this Article, the problem may be forwarded through as a formal grievance filed within the City Manager.

The employee affected and/or the Union representative may take up the grievance within ten (10) calendar days of receipt of a notice of disciplinary action as specified in Article 21 of this Agreement which involves suspension, demotion or discharge, or in the co‑facilitators' report outlined in Section 2 of this Article for all other disputes. Such formal grievances shall be in writing and shall contain the Article violated, the date it occurred, the remedy sought, and general facts of the cause, and will be presented to the City Manager or his designee; provided, however that his designee shall not be the person who took the action which is the subject of the grievance. The City Manager or his designee will then attempt to adjust the matter and respond to the grievance in writing within fifteen (15) calendar days.

C. Arbitration.

1. After either party has indicated its desire to take a grievance to arbitration, it shall jointly request the Employment Relations Board for a list of names of thirteen (13) arbitrators.

a. The parties shall select an arbitrator from the list by such method as they may jointly elect or, if they are unable to agree on such method, then by lot to strike the first name and proceed alternately in that order until the final name is left on the list who shall then be the arbitrator.

b. Nothing in this section shall prohibit the parties from agreeing upon a permanent arbitrator or permanent list.

2. The arbitrator's decision shall be final and binding, but he shall have no power to alter, modify, add to or detract from the terms of the agreement.

3. The arbitrator's decision shall be within the scope and terms of the agreement and shall not expand this Agreement or diminish the parties’ rights and prerogatives, in writing and submitted to the parties not later than thirty (30) calendar days after the close of the hearing.

4. The arbitrator's fee and expenses shall be shared equally by the parties.

ARTICLE 23: NO STRIKE

A. During the life of this Agreement, the Union and its members, as individuals or as a group, will not initiate, cause, permit or participate or join in any strike, work stoppage, slow down, picketing or any other restriction of work. Employees in the bargaining unit, while acting in the course of their employment, shall not honor any picket line when called upon to cross such picket line in the line of duty. Disciplinary action, including discharge, may be taken by the City against any employee or employees engaging in a violation of this article. No employee shall be required to perform work that is not his/her normal work assignment.

B. In the event of a strike, work stoppage, slow down, picketing, observation 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 make a reasonable attempt to secure an immediate and orderly return to work.

ARTICLE 24: RESIDENCE REQUIREMENT

A. Employees of the bargaining unit shall not be subject to any residence requirement maintained by the City.

ARTICLE 25: SMOKE FREE WORKPLACE

A. The City and Union agree during the term of the Collective Bargaining Agreement that all City buildings and vehicles shall remain smoke free as defined by Oregon Law.

ARTICLE 26: PHYSICAL FITNESS

A. The City and union agree to encourage employees to maintain their own physical fitness programs or activities. Such programs and activities should be under the supervision of a doctor, if appropriate.

ARTICLE 27: OUTSIDE EMPLOYMENT

A. The employee shall be able to work in other jobs outside City employment so long as such jobs do not present a conflict of interest, affect the performance of their work duties for the City, or subject the City or City employees to public criticism. The employee shall notify the department head and receive prior approval before entering into outside employment. Such approval shall be granted or denied solely on the limitations of this article and shall not be unreasonably denied.

ARTICLE 28: SAFETY

A. The City and employees agree to abide by federal and state safety regulations per Oregon Administrative Rules. Safety and health issues should be brought to the attention of the City Safety Committee.

ARTICLE 29: LABOR MANAGEMENT COMMITTEE

A. The City and the Union shall each appoint not less than two (2) and no more than four (4) members to a labor management committee for the bargaining unit.

B. The bargaining unit committee shall have an initial organizational meeting within sixty (60) days of the signing of this Agreement.

C. This committee shall meet when requested by either party at mutually convenient times and places to discuss any matters pertinent to maintenance of good city-employee relationships. Each party shall advise the other at least seven (7) calendar days prior to such a meeting of the meeting and the subjects to be discussed. The committee may issue such recommendations to the Union and to the City as are appropriate.

D. The parties agree to establish a joint Labor Management Committee with representatives from both bargaining units and the City. The purpose of the joint committee will be to discuss those issues which impact both bargaining units and are mutually agreeable to the parties. The parties may create such subcommittees as are deemed appropriate. The composition of the joint committee and any sub‑committee will be determined by mutual agreement of the parties. The joint committee and the sub‑committees, if any, may issue such recommendations of the Union and to the City as are appropriate.

ARTICLE 30: MID-TERM CHANGE

In the event the City elects to change an established past practice related to a subject not addressed in this contract, if the change is a mandatory subject of bargaining, then the parties agree that the bargaining requirements of Oregon law shall be complied with. The City shall provide written notice of the change to the Union; the Union may demand to bargain concerning the impacts of the change, and if it does so, the City shall bargain in accordance with ORS 243.698. If ORS 243.698 is amended, either party may re-open this Article to bargain into conformity with Oregon law as amended.

ARTICLE 31: FUNDING

A. The parties recognize that revenue needed to fund wages and benefits provided by the agreement must be approved annually by established budget procedures and in certain circumstances by vote of the citizens of the City. All such wages and benefits are therefore contingent upon sources of revenue and where applicable, annual voter budget approval. The City guarantees it will pay the wages and benefits agreed upon in this Agreement, but does not guarantee any level of employment in the bargaining unit covered by this Agreement. The City agrees to include in its annual budget amounts sufficient to fund the wages and benefits provided in this Agreement.

ARTICLE 32: SAVINGS CLAUSE

A. Any article or section to this Agreement or any addition thereto shall be held invalid by operation of law, or by any lawful tribunal having jurisdiction, or if compliance with or enforcement of any article or section should be restricted by such tribunal, the parties shall enter into immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement agreement.

ARTICLE 33: DURATION

A. This Agreement shall commence January 1, 2005 and remain in full force and effect until December 31, ____.

B. The Union shall notify the City, in writing, no later than June 15, ____ of it’s intention to negotiate a successor agreement, in which event the negotiations shall commence not later than thirty (30) days after the giving of said notice.

IN WITNESS WHEREOF the parties hereto have set their hand this _____ day of May, 2005.

CITY OF CORNELIUS EMPLOYEES

UNION; AFSCME LOCAL 189‑B; CITY OF CORNELIUS

AFSCME COUNCIL 75

_______________________________ ______________________________

James Hester, Council 75 Staff Representative Terry Rilling, Mayor

______________________________ ______________________________

Laura Christy, Vice President Rosemary Padgett, City Recorder