HomeMy WebLinkAbout1997-147 Agrmt -Teamsters #233AGREEMENT BETWEEN
THE CITY OF ASHLAND, OREGON
and
TEAMSTERS LOCAL UNION NO. 223
PREAMBLE .......................... 1
SCOPE OF AGREEMENT ..................... 1
ARTICLE I - RECOGNITION ................... 1
ARTICLE II - UNION SECURITY ................. 2
2.1 Checkoff ..................... 2
2.2 Fair Share 2
2.3 Religious Objection . . · ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 2
2.4 Hold Harmless ................... 2
2.5 New Hires ..................... 2
2.6 Bulletin Boards .................. 2
2.7 Stewards ..................... 3
2.8 Solicitation 3
2.9 Visits by Unio~ Represen~ative~
ARTICLE III- MANAGEMENT RIGHTS ............... 3
ARTICLE IV - STRIKE PROHIBITION ............... 4
ARTICLE V - HOLIDAYS ................ 4
5.1 RecognizedH~lid~y~ ............... 4
5.2 Holiday Compensation ............... 5
5.3 Holiday Work ............... 5
5.4 Holiday CompenSation'Time ..... ~ ...... ~ 5
ARTICLE VI - VACATIONS ................... 5
6.1 Eligibility ..................... 5
6.2 Continuous Service ................ 6
6.3 Accrual Limitations ................ 6
6.4 Scheduling .................. 6
6.5 Payment on Termination . . ~ ........... 7
ARTICLE VII - HOURS OF WORK ................. 7
7.1 Work Hours .................... 7
7.2 Work Day ..................... 7
7.3 Work Week ..................... 7
7.4 Work Schedule ................... 8
7.5 Shift Rotation .................. 8
7.6 Rest Periods ................... 8
7.7 Meal Period .................... 8
7.8 Overtime ..................... 8
7.9 Call-back Time ................. 9
7.10 Compensatory Tim~ ................. 9
7.11 Shift Trades .................... 9
ARTICLE VIII - SICK LEAVE .................. 9
8.1 Accumulation ....... 9
8.2 Utilization for ~l~n~ss ~r'I~j~r~ ~ . . '.. ' . ' 9
8.3 Integration with Worker's Compensation 10
8.4 Sick Leave Without Pay .............. 10
8.5 Termination .................... 10
8.6 Funeral Leave ................... 10
ARTICLE IX - OTHER LEAVES OF ABSENCE ............ 11
9.1 Criteria and Procedure .............. 11
9.2 Jury Duty ..................... 11
9.3 Appearances .................... 11
9.4 Required Court Appearances ............ 11
9.5 Election Day ................... 11
9.6 Union Business .................. 11
9.7 Educational Leave ................. 11
9.8 Military Leave ................. 12
9.9 Parental Leave .................. 12
9.10 Failure to Return from Leave ........... 12
ARTICLE X - COMPENSATION .................. 12
10.1 Pay Schedule ................... 12
10 2 Pay Periods ................... 12
10~3 Overtime Compensatio~ ............... 12
10.4 Standby Pay .................... 12
1~.~ ~P~S~ 6e~t~f~c~t~on and Sp~cia~ ~ssi~nment'P~y~ 13
. . 13
ARTICLE XI - DISCIPLINE ................... 13
11.1 .......................... 13
11.2 ........................... 14
11.3 .......................... 14
11.4 .......................... 14
11.5 .......................... 14
11.6 ......................... 14
ARTICLE XII - SETTLEMENT OF DISPUTES ............ 15
12.1 Grievance and Arbitration Procedure ........ 15
Step I ...................... 15
Step II ...................... 15
Step III ..................... 15
Step IV ...................... 15
13.1 Definition of Se~i~r~t~ .............. 16
13.2 Layoff and Recall ................ 16
13.3 Suspension of SeniOrity .............. 16
13.4 Termination of Seniority ............. 16
13.5 Probationary Period ................ 16
13.6 Notice of Recall from Lay-off Status ....... 17
ARTICLE XIV - PROMOTIONS .................. 17
14.1 Postings .................. 17
14.2 Promotional Probationary Perio& ......... 17
ARTICLE XV - GENERAL PROVISIONS ............... 17
15.1 No Discrimination ......... 17
15.2 Professional Standards and S~f~t~ $o mit e .... 18
15.3 Rules ....................... 18
15.4 Other Employment ................. 18
15.5 Supervisory Employees ........... 18
15.6 Uniforms, Protective C~o~hing ~n~ Devices ..... 18
15.7 Response-Time Requirement ............. 19
15.8 Educational Allowance ............... 19
15.9 Position Descriptions ............... 19
15.10 Personnel File .................. 19
(a) Inspection .................. 19
(b) Employee Signature 19
ARTICLE XVI - HEALTH, WELFARE & RETIREMENT ......... 20
16.1 Health and Welfare ................ 20
16.2 Retirement .................... 20
16.3 Deferred Compensation ............... 20
ARTICLE XVII - WORKER'S COMPENSATION ............ 20
ARTICLE XVIII - LIABILITY INSURANCE ............. 20
ARTICLE XIX - SAVINGS CLAUSE AND FUND ............ 21
19.1 Savings Clause .................. 21
19.2 Funding ...................... 21
ARTICLE XX - TERMINATION AND REOPENING ........... 21
APPENDIX "A" - CLASSIFICATIONS WITHIN BARGAINING UNIT .... 22
APPENDIX "B" - WAGE SCHEDULE ................ 23
APPENDIX "C" - DETECTIVE ASSIGNMENT AND COMPENSATION .... 24
............................... 25
AGREEMENT BETWEEN
CITY OF ASHLAND, OREGON
and
TEAMSTERS LOCAL UNION NO. 223
PREAMBLE
This agreement is entered into by the City of Ashland, Oregon,
hereinafter referred to as the "City", and the Teamsters Local
Union No. 223, International Brotherhood of Teamsters of Portland,
Oregon, hereinafter called the "Union". Unless indicated otherwise,
reference to the "City" herein shall include the Mayor and City
Council or their designee(s) as the officials directly responsible
for the operation of the department covered by this Agreement. The
purpose of this Agreement is to set forth the full and complete
Agreement between the parties on matters pertaining to rates of
pay, hours of work and other conditions of employment.
SCOPE OF AGREEMENT
This Agreement shall apply to all employees of the Police
Department, Ashland, Oregon as set forth in "Appendix A" but
excluding members of the Ashland Police Reserves, irregular part-
time employees, seasonal and temporary employees.
Where the term "employee" is used, it shall mean regular full or
part-time employees or probationary employees within the bargaining
unit, as the same are defined in Article XIII hereof.
The parties agree as follows:
ARTICLE I - RECOGNITION
1.1 The City recognizes the Union as the sole and exclusive
bargaining agent for the purposes of establishing rates of pay,
hours of work and other conditions of employment for all employees
within the bargaining unit described immediately above.
1.2 When any position not listed on the pay schedule is
established, the City shall designate a job classification and pay
rate for the position. The Union shall be notified and the pay rate
established by the City shall be considered tentative until the
Union has been afforded the opportunity to meet and confer on the
matter. If the Union does not agree that the classification or pay
rate is proper, the Union may submit the issue as a grievance
according to the grievance procedure.
Agreaneat b~een crI'Y OF ASHLAND and
~ I.,OCAL U~ON NO. 223
(,g:~'%union~,Imstrs.coa- August 19. 1997
ARTICLE II - UNION SECURITY
2.1 Checkoff. Any employee who is a member of the Union or
who has applied for membership, shall sign and deliver to the
Union, who shall forward to the City, an original assignment
authorizing deductions of membership dues in the Union. Such
authorization shall continue in effect from year to year unless
revoked or changed in writing. Pursuant to each authorization the
City shall deduct such dues from the first salary check of said
employee each month. The amounts deducted shall be remitted to the
Union by the fifteenth (15th) of the succeeding month to the
official designated by the Union in writing to receive such
deduction.
2.2 Fair Share. Employees who are not members of the Union
shall make payment in lieu of dues to the Union. Such payment shall
be the same amounts as provided for regular Union dues, initiation
fees and assessments. The section shall be referred to as the "Fair
Share" Agreement and the city shall deduct from the first salary
check of each employee, each month, the payments for regular dues
or payments in lieu of dues and shall remit the same to the Union
by the fifteenth (15th) of the succeeding month.
2.3 Religious Objection. Any employee who is a member of a
church or religious body having bona fide religious tenets or
teachings which prohibit association with a labor organization or
the payment of dues or payment in lieu of dues to a labor
organization, shall pay an amount of money equivalent to regular
Union dues, initiation fees and assessments to a non-religious
charity or to another charitable organization mutually agreed upon
by the employee affected by the Union. The City shall deduct from
the first salary check of each such employee, each month the
payments to such charitable organization and shall remit the same
to the charitable organization by the fifteenth (15th) of the
succeeding month. The employee shall supply proof to the Union,
each month, that this has been done.
2.4 Hold Harmless. The Union agrees to hold the City harmless
against any and all claims, orders or judgments brought or issued
against the City as a result of any action taken or not taken by
the City under the provisions of this article. Upon written
notification by the Union of a check-off error, the City will make
adjustments within thirty (30) days of receipt of such
notification.
2.5 New Hires. The City will notify the Union of all new
hires in the unit within two (2) weeks after their having been
employed, furnishing the Union with the new employee's name, social
security number, mailing address and position for which he/she has
hired.
2.6 Bulletin Boards. The City agrees to allow suitable wall
space in the Police Station, not to exceed 3'x 3' for bulletin
Agr~nent b~w~ CITY OF ASHLAND and
TEAMSTERS LOCAL UNION NO. 223
~:~niou\tnms~rs.~ - August 19, 1997
boards to be used by the Union for the posting of notices and
bulletins relating to the Union.
The Union shall limit its posting of Union notices and
bulletins to such bulletin board, which shall be used only for the
following Union notices and bulletins:
(a) Recreation and social affairs of the Union
(b) Union meetings
(c) Union elections
(d) Reports of Union committees
(e) Rulings or policies of the International Union
(f) Communications from the Union to the bargaining unit
(g) Current events regarding Union activity
2.7 Stewards. Employees selected by the Union to act as Union
representatives shall be known as "stewards" and shall not exceed
three (3) in number, one of which shall be a Clerk/Dispatcher. The
names of the employees selected as stewards, and the names of local
Union representatives who may represent employees, shall be
certified in writing to the City by the Union. Duties required by
the Union stewards, excepting attendance at meetings with
supervisory personnel and aggrieved employees arising out of a
grievance already initiated by an employee under Article XII, shall
not interfere with their or other employees' regular work
assignments as employees of the City. Contacts between stewards and
employees or the Union shall be made outside of working hours so as
not to disrupt regular City operations.
2.8 Solicitation. The Union agrees that its members will not
solicit membership in the Union or otherwise carry on Union
activities during working hours, except as specifically provided in
this Agreement.
2.9 Visits by Union Representatives. The City agrees that
accredited representatives of the Union, upon reasonable and proper
introduction, may have reasonable access to the premises of the
City at any time during working hours for the purpose of assisting
in the administration of this Agreement, if they first obtain
permission to do so from the Police Chief or his/her designated
representative. In no case will such access be unreasonably denied.
ARTICLE III- MANAGEMENT RIGHTS
3.1 The City shall retain the exclusive right to exercise the
customary functions of management including, but not limited to,
directing the activities of the department; determining the levels
of service and methods of operation including contracting and
subcontracting, and the introduction of new equipment; the right to
hire, lay-off, transfer, and promote; to discipline or discharge
for cause as defined in Article XI; to determine the content,
duties and responsibilities of job classifications; to make rules
consistent with the terms of this Agreement; to determine work
schedules and assign work; and any other such rights not
Agn:~mmt betwccu CITY OF ASHLAND
Tt~,{S'TER~ LOCAL UNION NO. 223
(g:~f~uui~\tmm~.cou - Augu~ 19, 1997
3
specifically referred to in this Agreement. The failure by the City
to exercise its rights under this Article in any respect shall not
be taken as a waiver of such rights.
ARTICLE IV - STRIKE PROHIBITION
4.1 The Union and its members, as individuals or as a group,
will not initiate, cause, permit or participate or join in any
authorized strike, work stoppage, or slowdown, picketing, or any
other restriction of work at any location in the City. Employees in
the bargaining unit, when acting in the course of their employment,
shall not honor any picket line established in the City by the
Union or by any other labor organization when called upon to cross
a picket line in the line of duty. Disciplinary action, including
discharge may be taken by the City against any employee or
employees engaged in a violation of thisArticle. Such disciplinary
action may be undertaken selectively at the option of the City and
shall not preclude or restrict recourse to any other remedies,
including an action for damages, which may be available to the
City.
4.2 In the event of an unauthorized strike, work stoppage,
slowdown, picketing, observance of a picket line, or other
restriction of work in any form, either on the basis of individual
choice or collective employee conduct, the Union will immediately
upon notification, attempt to secure an immediate and orderly
return to work. This obligation and the obligations set forth in
Section 1 above shall not be affected or limited by the subject
matter involved in the dispute giving rise to the stoppage or by
whether such subject matter is or is not subject to the grievance
and arbitration provision of this Agreement.
4.3 The City agrees that there will be no lockout of
employees of the bargaining unit as a consequence of any dispute
with the Union arising during the term of this Agreement.
ARTICLE V - HOLIDAYS
5.1 Recognized Holidays. The following shall be recognized as
Holidays:
New Years Day (January 1)
Martin Luther King's Birthday (3rd Monday in January)
Washington's Birthday (3rd Monday in February)
Memorial Day (last Monday in May)
Independence Day (July 4)
Labor Day (lst Monday in September)
Veterans Day (November 11)
Thanksgiving Day (4th Thursday in November)
Day after Thanksgiving
Christmas Day (December 25)
Employee's Birthday
Agreemint bctwcen CITY OF ASHLAND and
~ LOCAL UNION NO. 223
({:Vi~unien\tmm's.em - Au~,mt 19, 1997
4
Whenever a Holiday shall fall on Sunday, the succeeding Monday
shall be observed as a Holiday. Whenever a Holiday shall fall on
Saturday, the preceding Friday shall be observed as the Holiday. If
an employee is on authorized vacation, sick leave, or other leave
with pay when a Holiday occurs, such Holiday shall not be charged
against such leave.
5.2 Holiday Compensation. Each regular employee shall receive
eight (8) hours compensation for each of the Holidays listed above
on which he/she performs no work. This compensation shall be paid
on the first payday of December of each year.
5.3 Holiday Work. If any regular employee is required to work
on any of the Holidays listed above, he/she shall be compensated at
his/her regular straight time rate for all hours worked in addition
to eight (8) hours compensation at his/her regular straight time
rate of pay for the Holiday, which shall be paid on the first
payday of December of each year.
5.4 Holiday Compensation Time. On December 1 each year, an
employee may elect to take up to eleven (11) days in lieu of
Holiday pay as compensatory time off, provided that not more than
a total of 11 such days may be elected during the twelve month
period from December 1 to December 1 of each year. Said
compensatory days shall be scheduled mutually by the employee and
the Police Chief. Holiday compensation time can be scheduled in
blocks of less than eight hours. This section shall not apply to
the Youth Diversion and Community Service Officers who shall
normally take the actual holiday off.
ARTICLE VI - VACATIONS
6.1 Eligibility. An employee shall be eligible to take
accrued vacation leave with pay after one (1) full year of service
with the City. Vacation leave shall accrue on a monthly basis in
accordance with the following schedule:
(a) Employees with less than four (4) full years of
continuous service shall accrue six and two-thirds (6.67) hours of
vacation credit for each calendar month of service (10 working days
maximum) .
(b) Employees with more than four (4), but less than
nine (9) full years of continuous service, shall accrue nine and
one-third (9.33) hours of vacation credit for each calendar month
of service (14 working days maximum).
(c) Employees with more than nine (9), but less than
fourteen (14) full years of continuous service, shall accrue eleven
and one-third (11.33) hours of vacation credit for each calendar
month of service (17 working days maximum).
(d) Employees with more than fourteen (14), but less
than nineteen (19) full years of continuous service, shall accrue
Ag~ b~w~ cFrY OF ASHLAND
TBA~4STRP~ LOCAL UNION NO. 22~
~:~%u~R~\~.~ - Au~ 19, 1~97
5
thirteen and one-third (13.33) hours of vacation credit for each
calendar month of service (20 working days maximum).
(e) Employees with more than nineteen (19) full years of
continuous service, shall accrue fourteen and two-thirds (14.67)
hours of vacation credit for each calendar month of service (22
working days maximum).
6.2 Continuous Service. Continuous service, for the purpose
of accumulating vacation leave credit, shall be based on the
regular hours paid to the employee. Vacation leave shall not
accrue during a leave of absence without pay. Authorized leave
without pay and lay-offs shall not be counted as service, however,
employees returning to active employment from such leave or layoff
shall be entitled to credit for service prior to the leave or
layoff.
6.3 Accrual Limitations. Vacation leave taken shall not be
in excess of the amount actually accrued at the time it is taken.
An employee may accumulate up to two years of vacation at the
applicable rate. The city shall notify an employee thirty (30)
days in advance of pending loss of accrued vacation time. An
employee who is about to lose vacation credit because of accrual
limitations, may be notifying his/her immediate supervisor fifteen
days in advance, absent him or herself to prevent such loss. Such
action taken by the employee shall not constitute a basis for
disciplinary action, or loss of pay. If an employee does not take
his/her accrued vacation time after being notified by the City,
such vacation credit shall be deemed forfeited, unless failure to
take vacation is caused by the city's insistence that the employee
be at work.
6.4 Scheduling. Employees shall be permitted to request
vacation on either a split or an entire basis. Vacation times shall
be scheduled by the City based on the Police Chief's judgment as to
the needs of efficient operations and the availability of vacation
relief. Subject to the foregoing, employees shall have the right to
determine vacation times. Vacation times shall be selected on the
basis of seniority; provided, however, each employee will be
permitted to exercise his/her right to seniority only once
annually. The vacation schedule shall be posted annually as of
December 1st and be closed as of January 1st and subsequent changes
shall be made only by mutual consent of the parties. Scheduling of
vacation periods, to the extent consistent with operating
requirements of the City and vacation credits of the emDloyee,
shall not be less than one day. Employees not wishing to sign up
for vacation between December 1 and January 1 shall waive their
seniority for vacation selection, If an employee has not chosen
vacation days by January 1st, the employee must give 30 days notice
before using any vacation days chosen thereafter. Employees
shall not be denied vacations because of supervisory time off, nor
shall employees' vacations be unreasonably denied. All days of the
year will be available for annual seniority bid for vacation in
accordance with the normal bidding procedure.
Agr~m~m~ I~w~ crrY OF ASHLAND and
TF_.AMffrP_.RS LOCAL UNION NO. 223
(g:'u'%u~km\~.co~ - Augu~ 19, 1~7
6
6.5 Payment on Termination. In the event of death or
termination of an employee during the initial twelve (12) months of
his/her employment, no payment in lieu of vacation shall be made.
In the event of death or termination of employment after an
employee has served for twelve (12) continuous months, and is
otherwise eligible for vacation credits, the employee shall be
entitled to payment for accrued vacation leave at the rate as of
the date of eligibility. In the event of death, earned but unused
vacation leave shall be paid in the same manner as salary due the
deceased employee is paid.
ARTICLE VII - HOURS OF WORK
This article is intended to be construed only as a basis for
recognizing overtime, and shall not be construed as a guarantee of
hours of work per day or per week. Any flex-time arrangements must
be by written mutual agreement between the City and the Union.
7.1 Work Hours. The regular hours of a regular employee shall
be eight (8) consecutive hours.
7.2 Work Day. The workday shall consist of an eight (8) hour
day within a twenty-four (24) hour period including rest periods
(i.e., the 24 hour period will begin at the start of the employee's
work day and end 24 hours later). This section shall not apply to
scheduled training days so long as the employee has 8 hours between
their normally scheduled shift. If less than 8 hours is allowed,
overtime shall apply for all hours less than 8.
7.3 Work Week. The work week shall consist of a seven (7) day
work schedule with five (5) consecutive eight (8) hour days, with
two (2) days off (i.e., the seven (7) day work schedule will begin
at the start of the employees first day of work and end 168 hours
later).
An employee may, upon approval of the employee's supervisor, work
a scheduled day off in exchange for another day off during their
regular work week. However, the following conditions must be met
to allow for a modification in the employee's scheduled work week:
ae
Be
Employees will not be allowed to modify their work week
to accumulate three consecutive days off.
Any requests for a change in an emDloyee's work week must
be submitted in writing to his/her immediate supervisor
for approval at least seven (7) days (168 hours) in
advance of the first affected shift.
Ce
Denial of an employee's request for a modification in the
employee's regularly scheduled work week shall not be
grievable.
A~rc~n~t bc~woc~ CTI'Y OF ASI'U...AND and
'I'P_,AMSTP_,RS LOCAL UNION NO. 223
(~:~mioa~tmsl~.eae- August 19, 1997
7.4 Work Schedule. All employees to the extent consistent
with operating requirements, shall be scheduled to work on a
regular shift and each shift shall have regular starting and
quitting times. Work schedules showing the employees' shift, work
days, and hours shall be posted on the department's bulletin board
for thirty (30) days prior to their effective date, except for
emergency situations and for the duration of the emergency, and
except for scheduled training and schedule changes for which 10
days' notice is required. In the event of an emergency, schedules
may be changed without prior notice and the City shall not be
liable for overtime under this section. An employee shall not
suffer a reduction in pay as the result of a schedule change,
unless such schedule change is at the employee's request.
Failure to comply with the provisions of this section shall result
in the payment of one and one-half (1 1/2) times the regular rate
by the City for all hours worked outside the timely scheduled work
week.
7.5 Shift Rotation. Employees shall rotate work-shifts by
bidding for 3-month work cycles. Employees must bid/work at least
two different shifts per year.
7.6 Rest Periods. A rest period of fifteen (15) minutes shall
be permitted for all employees during each half shift, which shall
be scheduled by the City in accordance with its determination as to
the operating requirements and each employee's duties.
7.7 Meal Period. To the extent consistent with operating
requirements of the department, meal periods shall be scheduled in
the middle of the work shift, or as close to a normal meal time as
possible. The meal period shall be thirty (30) minutes and shall be
considered on-duty time.
The work day for the Community Services Officer and the Youth
Diversion Officer shall include an unpaid one hour meal period
between 1200 and 1300 hours unless otherwise mutually agreed upon
between the employee and their supervisor.
7.8 Overtime. The City has the right to assign overtime work
as required in a manner most advantageous to the City, and
consistent with the requirements of municipal service and the
public interest. Employees shall be compensated at the rate of one
and one-half (1 1/2) times the regular rate for overtime work under
the following conditions, but in no event shall such compensation
be received twice for the same hours.
All assigned work in excess of eight (8) hours on any
scheduled work day.
All assigned work in excess of forty (40) hours in work
week. The City shall not be liable for the payment of
overtime when more than forty (40) hours are worked in a
seven (7) day period as the result of a scheduled
seniority shift rotation for sworn personnel. To this end
Agreement between CITY OF ASHLAND and
TEAIvISTF_.RS LOCAL UNION NO. 223
(g:Xf~,un~o\lmstrs.coo - August 19, 1997
the City may work an employee 80 hours in a 2-week period
before incurring any overtime liability.
Detectives shall be compensated for overtime as set forth
in "Appendix C".
7.9 Call-back Time. Employees called back to work shall
receive overtime pay with a guaranteed minimum of two (2) hours at
the overtime rate for the work for which they are called back.
This section applies only when call-back results in hours worked
which are not annexed consecutively to one end or the other of the
working day or working shift. This section does not apply to
scheduled overtime, call-back times annexed to the beginning of the
work shift, hold-over times annexed to the end of the work shift or
work day or to brief routine phone calls.
7.10 Compensatory Time. Overtime work shall be compensated by
compensatory time at the rate of one and one-half times the hours
worked to a maximum accrual of sixteen (16) hours or by cash
payment at the rate of one and one-half times the regular hourly
rate at the option of the employee. Compensatory time shall be
taken at such times in such blocks as are mutually agreed upon
between the employee and his/her supervisor subject to the
operating needs of the department. Denial of an employee's request
for compensatory time off shall not be subject to the grievance
process.
7.11 Shift Trades. Qualifying employees may trade shifts as
per department policy. For the trade, the employees will indemnify
and hold the city harmless for any overtime provisions which would
otherwise be applicable.
ARTICLE VIII - SICK LEAVE
8.1 Accumulation. Sick leave shall be earned for the purposes
stated herein by each eligible employee at the rate of eight (8)
hours for each full calendar month of service. Sick leave may be
accumulated to a total of eight hundred forty (840) hours and must
be taken for the purposes specified in Section 2 hereof as a
condition precedent to any sick leave payment.
8.2 Utilization for Illness or Injury. Employees may utilize
their allowance for sick leave when unable to perform their work
duties by reason of illness or injury. In such event, the employee
shall notify the Police Chief or other supervisor of absence due to
illness or injury, the nature and expected length thereof, as soon
as possible prior to the beginning of his/her scheduled regular
work shift, unless unable to do so because of the nature of injury
or illness. A physician's statement of the nature and identity of
the illness, the need for the employee's absence and the estimated
duration of the absence, may be required at the option of the City
for absences of over two days prior to payment of any sick leave
benefits or prior to allowing the employee to return to work. A
physician's statement may be required as a prerequisite to payment
Agreement I~tween CITY Ol~ ASHLAND and
~ LOCAL UNION NO. 223
(g:~%unien%tn~.e~- August 19, 1997
9
of sick leave for less than three (3) days if the employer has
reason to believe that sick leave is being abused.~ For the purpose
of this section and the following sections of this Article,
pregnancy shall be treated as any other illness or disability.
An employee may, with the Police Chief's approval, utilize accrued
sick leave in the event of an unforeseen medical emergency
requiring immediate hospitalization or use of emergency medical
services for a spouse or children living in the employee's
household. The Police Chief may grant a reasonable time off of up
to one shift of paid sick leave for the employee to attend to the
ill or injured family member.
8.3 Integration with Worker's Compensation. When an injury
occurs in the course of employment, the City's obligation to pay
under this sick leave Article is limited to the difference between
any payment received under Worker's Compensation laws and the
employee's regular pay, minus state and federal deductions. In such
instances, no charges will be made against accrued sick leave for
the first three days and thereafter pro-rated charges will be made
against accrued sick leave.
8.4 Sick Leave Without Pay. Upon application by the employee,
sick leave without pay may be granted by the City for the remaining
period of disability after accrued sick leave has been exhausted.
The City may require that the employee submit a certificate from a
physician periodically during the period of such disability, and
before returning to work.
8.5 Termination. Sick leave is provided by the City in the
nature of insurance against loss of income due to the illness or
injury. No compensation for accrued sick leave shall be provided
for any employee upon his/her death or termination of employment,
except as provided for in Article XVI, Section 2. Sick leave shall
not accrue during any period of leave of absence without pay.
8.6 Funeral Leave. An employee may be granted three (3)
days funeral leave with regular pay in the event of death in the
immediate family of the employee.
An employee's immediate family shall include spouse, parent,
children, brother, sister, grandparents, mother-in-law or father-
in-law. The employee will be paid his/her regular hourly rate for
any such days of excused absence which occur only during this
assigned workweek. No pay shall be granted if the employee does not
attend the funeral. An additional two (2) days with regular pay may
be granted and shall not be unreasonably denied. The City may, at
its discretion, grant other compassionate leave under exceptional
circumstances.
Agreement bctwctm CITY O17 ASHLAND and
TF~MSTERS LOCAL UNION NO. 223
(g:XlSunion\tmstrs.con - August 19, 1997
10
ARTICLE IX - OTHER LEAVES OF ABSENCE
9.1 Criteria and Procedure. Leaves of absence without pay not
to exceed ninety (90) days may be granted upon establishment of
reasonable justification and where it is determined that the
operation of the department and/or division will not be
negatively impacted by the temporary absence of the employee.
Requests for such leaves must be in writing and submitted to the
Police Chief thirty (30) days prior to the requested leave date,
unless otherwise waived.
9.2 Jury Duty. Employees shall be granted leave with pay for
service upon a jury provided, however, that the regular pay of such
an employee for the period of absence shall be reduced by the
amount of money received for such jury service, and upon being
excused from jury service for any day employee shall immediately
contact their supervisor for assignment for the remainder of
his/her regular workday.
9.3 Appearances. Leave with pay shall be granted for an
appearance before a court, legislative committee, judicial or
quasi-judicial body as a witness in response to a subpoena or other
direction by proper authority provided, however, that the regular
pay of such employee shall be reduced by an amount equal to any
compensation he/she may receive as witness fees.
9.4 Required Court Appearances. Leave of absence with pay
shall be granted for attendance in court in connection with an
employee's officially assigned duties, including the time required
for travel to the court and return to the employee's headquarters.
9.5 Election Day. Employees shall be granted two (2) hours to
vote on any election day only if, due to scheduling of work, they
would not otherwise be able to vote.
9.6 Union Business. Employees elected to any union office or
selected by the Union to do work which takes them from their
employment with the City may, upon written request of the Union and
the employee, be recommended by the Police Chief for a leave of
absence, of up to thirty (30) days without pay. Employees selected
by Union to attend collective bargaining sessions between the Union
and the City shall not suffer a loss of pay or benefits as a result
of attendance at such meetings. However, all efforts shall be made
to schedule such meetings so as not to adversely affect the
staffing or operation of the department.
9.7 Educational Leave. After completing one (1) year of
continuous service, an employee, upon written request, may be
granted a leave of absence without pay by the City for the purpose
of upgrading his/her professional ability through enrollment in
educational courses directly related to employment at an accredited
school or course of study. The period of such leave of absence
shall not exceed one (1) year, but may be renewed or extended upon
request of the employee and approval by the Police Chief. One year
Agraneat between ~ OF ASHLAND and
TEAMSTERS LOCAL UNION NO. 223
(g:Lt~union%tms~s.eon- August 19, 1997
11
leaves of absence, with requested extensions for educational
purposes may not be provided more than once in any three (3) year
period. His/her replacement shall be considered a temporary
employee. Employees shall also be granted time off with pay for
educational purposes, for reasonable lengths of time, to attend
conferences, seminars, briefing sessions, training programs and
other programs of a similar nature that are intended to improve or
upgrade the employee's skill and professional ability, when ordered
by the employee's Police Chief.
9.8 Military Leave Military leave shall be granted as
required by Oregon Revise~ Statutes. Employees may use accrued
vacation and holiday time for official military leave in excess of
the employer-paid time provided by statute.
9.9 Parental Leave. Parental leaves of absence shall be as
required by relevant state and federal statutes. Additional time
off may be allowed at the discretion of the City.
9.10 Failure to Return from Leave. Any employee who is granted
a leave of absence and who, for any reason, fails to return to work
at the expiration of said leave of absence, shall be considered as
having resigned his/her position with the City, and his/her
position shall be declared vacated; except and unless the employee,
prior to the expiration of his/her leave of absence, has furnished
evidence that he/she is unable to work by reason of sickness,
physical disability or other legitimate reason beyond his/her
control.
ARTICLE X - COMPENSATION
10.1 Pay Schedule. Employees shall be compensated in
accordance with the pay schedule attached to his/her Agreement and
marked "Appendix B" which is hereby incorporated into and made a
part of his/her Agreement.
10.2 Pay Periods. Employees shall be paid every other Friday.
Pay periods shall be for 14 days beginning at 12:01 A.M. on
Saturday, and ending on the 14th day (Friday) at 12:00 P.M. Pay
days shall be on the Friday following the close of each pay period.
10.3 Overtime Compensation. Authorized overtime shall be paid
in the form of pay or compensatory time off pursuant to Article
VII, Subsection 7.10. All overtime shall be recorded by the
employee and must be approved by the Police Chief or designated
.supervisor.
10.4 Standby Pay. An employee assigned to standby status to
handle emergencies during his/her off-duty hours and who is
required to remain at his/her home, shall be paid at twenty (20)
percent of his/her regular rate for all predetermined hours of such
period. In addition, he/she shall be compensated at overtime rates
Agnxmnmt betwere CTI'Y OF ASHLAND and
TEAbiSTE~ LOCAL UNION NO. 223
(g:~Sunion\tmstrs.cen - August 19, 1997
12
for actual time worked to the nearest one-half hours and shall not
be eligible for call-back time as set forth in Article VII.7.9.
10.5 BPSST Certification and Special Assignment Pays. An
employee classified as a Police officer shall, upon receiving an
intermediate or advanced certificate from the Board on Public
Safety, Standards and Training, be eligible for a monthly allowance
of $60.00 or $120.00 respectively. An employee classified as a
Dispatcher shall, upon receiving an intermediate or advanced
certificate from the Board on Public Safety, Standards, and
Training, be eligible for a monthly allowance of $40.00 or $80.00,
respectively.
Employee assigned to the following special temporary assignments
shall be compensated as follows:
Detective. Any member of the bargaining unit assigned to
detective status shall be compensated as set forth in
Appendix C of this Agreement until relieved of such
assignment.
Lead Police Officer. Except as otherwise provided for in
this Agreement, employees may be assigned to work as Lead
Police officer. Any Police Officer who is assigned to
Lead Police Officer status shall be compensated an
additional five percent (5%) over the monthly rate for
Police officer set forth in "Appendix B" of this
Agreement until relieved of such assignment. Officers
shall not be eligible for Acting in Capacity pay during
the period of assignment as Lead Police officer.
Ce
Acting Sergeant. Any employee on active duty designated
by the city as acting in capacity in a higher level
position other than his/her permanent job classification
shall receive sergeant's salary with a minimum of 5%
additional pay above his/her job classification salary
for the length of the assignment. This rate applies to
hours worked only.
Do
Other Special Assignments. Special Assignments,
including but not limited to Motorcycle officer, School
Resource Officer, DARE Officer and CAP Officer, shall be
compensated an additional five percent (5%) over the
monthly rate for Police Officer as set forth in Appendix
B of this Agreement, until relieved of such assignment.
ARTICLE XI - DISCIPLINE
11.1 No regular employee as defined in Article XIII may be
disciplined except for just cause. Once an employee has received a
letter in writing for any disciplinary action, reasons (not
including new evidence) shall not be modified or changed at a later
date. Disciplinary action may be imposed upon any employee for
Agreement betweeo CITY OF ASHLAND and
TEAMSTERS LOCAL UNION NO. 223
(g:~l~union\tmstrs.coo - August 19, 1997
13
failing to fulfill his or her responsibilities as an employee.
Conduct reflecting discredit upon the City or Department, or which
is a direct hindrance to the effective performance of City
functions, shall be considered good cause for disciplinary action.
Such cause may also include misconduct, inefficiency,
unsatisfactory work performance, incompetence, insubordination,
misfeasance, malfeasance, the willful violation of department rules
or for political activities forbidden by State law. The employee,
upon request, has the right to have Union representation at any
meeting during which disciplinary matters are discussed.
11.2 Discipline for just cause may include the following:
1. Written reprimand
2. Demotion
3. Suspension
4. Discharge or dismissal
11.3 An employee may be suspended from employment while
charges against the employee are investigated. Such a suspension
may be for no more than five (5) working days, unless mutually
agreed to by the parties. If charges are upheld the suspension
without pay or any part of it may be determine to be part of the
discipline, effective the date of the suspension.
11.4 In the event of an offense of such serious nature that
immediate disciplinary action is required, the employee may be
suspended immediately from employment until such charges are
investigated and a decision made to continue to terminate the
employee. If the employee is cleared completely of the charges, the
affected employee will be immediately reinstated without loss of
pay or other benefits. If charges are upheld, the termination date
will be the date of suspension.
11.5 Any disciplinary action imposed upon an employee, if
protested, shall be protested only as a grievance through the
regular grievance procedure. If a Police Chief or other supervisor
has reason to discipline an employee, he/she shall make reasonable
efforts to impose such discipline in a manner that will not
embarrass or humiliate the employee before other employees or the
public. Oral reprimands shall not be protested through the
grievance procedure. Letters of reprimand, upon request of the
employee, shall be removed at the end of three years from the time
the reprimand was dated, provided there are no related subsequent
letter(s) of reprimand or disciplinary action taken during the
intervening period of time.
11.6 This article shall not apply to any employee on probation
as defined in Article XIII.
Agr~m~nt b~..~w~n crn' OF ASHLAND and
T~__.AI~TERS LOCAL UNION NO. 223
(g:~l%unien\lmstrs.¢on- August 19. 1997
14
ARTICLE XII - SETTLEMENT OF DISPUTES
12.1 Grievance and Arbitration Procedure. Any grievance or
dispute which may arise between the parties concerning the
application, meaning or interpretation of this Agreement shall be
settled in the following manner:
Step I. The affected employee shall take up the grievance or
dispute with the employee's supervisor as soon as possible but not
more than ten (10) days of its discovery. The employee shall
specify the facts upon which the grievance is based and the
contract article allegedly violated. The supervisor shall then
attempt to adjust the matter within ten (10) days.
Step II. If the grievance has not been settled between the
affected employee and the supervisor, it may be presented in
writing by the Union representative to the Police Chief, or his/her
designee, within ten (10) days after the response specified in Step
I is due or received. The written notice shall include details of
the grievance, the section of this Agreement allegedly violated and
the specific remedy requested. The Police Chief, or his/her
designee, shall respond to the Union representative in writing
within ten (10) days after receipt thereof.
Step III. If the grievance still remains unadjusted, it may be
presented by the Union to the city Administrator of the City or
his/her designee(s), within ten (10) days after the response
specified in Step II is due or received. The City Administrator, or
his/her designee(s), shall respond in writing to the Union within
ten (10) days.
Step IV. If the grievance is still unsettled, either party may
within ten (10) days of the decision of the City Administrator or
his/her designee(s) under Step III have the right to have the
matter arbitrated by a third party jointly agreed upon by the City
and the Union. If the parties are unable to agree upon an
arbitrator, the Employment Relations Board shall be requested to
submit a list of five names. Both the City and the Union shall have
the right to strike two names from the list. The party requesting
arbitration shall strike the first'name and the other party shall
then strike one name. The process shall be repeated and the
remaining person shall be the arbitrator. The City and the Union
shall meet in a pre-hearing conference and shall prepare a
submission agreement regarding the specific issues in dispute. The
designated arbitrator shall hear both parties within five (5) days
on the disputed matter and shall render a decision within thirty
(30) days which shall be final and binding on the parties and the
employee. The arbitrator shall have no right to amend, modify,
nullify, ignore or add provisions to the agreement, but shall be
limited to consideration of the particular issue(s) presented to
him. His/her decision shall be based solely upon his/her
interpretation of the meaning and express language of the
agreement. Expenses for the arbitrator shall be borne equally by
Agreement I~tween CITY OF ASHLAND and
TEAIvISTER~ LOCAL UNION NO. 223
(g:Vi~union\tn~rs.eon - August 19, 1997
15
the City and the Union; however, each party shall be responsible
for compensating its own representatives and witnesses.
If either party desires a verbatim recording of the
proceedings, it may cause such a record to be made, provided it
pays for the record. If the other party desires a copy, both
parties shall jointly share the cost of the transcript and all
copies.
If any grievance is not presented or forwarded by the
employee or Union within the time limits specified above, such
grievance shall be deemed waived. All days and hours specified
shall be calendar. If the City fails to respond in a timely
fashion, the grievance may be appealed to the next step. A
grievance may not change once it has been filed in writing.
ARTICLE XIII - SENIORITY
13.1 Definition of Seniority. Only regular employees shall
have seniority. Seniority shall be an employee's length of
continuous service within the bargaining unit, dating from his/her
last date of hire, and shall apply by job classification.
13.2 Layoff and Recall. In the event of layoff, an employee
may exercise his/her seniority in a lower job classification within
the department provided he or she is qualified to performthe work.
When displacing another employee, the "bumping" employee's salary
or wage shall be at the step that most closely approximates, but
does not exceed, his/her salary range in the previous
classification on the effective date of lay-off. Recall from layoff
shall be in reverse order of seniority provided the senior employee
is capable of performing the work.
13.3 Suspension of Seniority. Seniority shall be retained, but
shall not continue to accrue during layoffs and authorized leaves
in excess of ninety (90) calendar days and during the first one (1)
year of continuous service in a "non-unit" position within the
department.
13.4 Termination of Seniority. Seniority and the employment
relationship shall be terminated if an employee (1) quits; (2) is
discharged for just cause; (3) is absent from work for three
consecutive working days without notification to the City; (4) is
laid off and fails to report to work within three days after being
recalled; (5) is lald off from work for any reason for 24 months,
or for a period of time equal to his/her seniority, whichever is
shorter; (6) fails to report for work at the termination of a leave
of absence; (7) if while on leave of absence for personal health
reasons accepts other employment without permission; or (8) is
retired.
13.5 Probationary Period. The probationary period is an
integral part of the employee selection process and provides the
City with the opportunity to upgrade and improve the department by
Agrccmcnt bctwcca CITY OF ASHLAND and
TBAIvfSTP--~ LOCAL UNION NO. 223
(g:h'%union%UnsUs.con - August 19, 1997
16
observing a new employee's work, training, aiding new employees in
adjustment to their positions, and by providing an opportunity to
reject any employee whose work performance fails to meet required
work standards. Every new employee hired into the bargaining unit
shall serve a probationary period of twelve (12) full months after
which he/she shall be considered a regular employee and granted
seniority to the last date of hire. This probationary period may be
extended up to an additional six (6) months by written mutual
approval between the City and the Union. The Union recognizes the
right of the City to terminate probationary employees for any
reason and to exercise all rights not specifically modified by this
Agreement with respect to such employees, including, but not
limited to, the shifting of work schedules and job classifications,
the assignment of on-the-job training, cross-training in other
classifications, the assignment of on-the-job training, cross-
training in other classifications and the assignment to educational
courses and training programs. Termination of a probationary
employee shall not be subject to the grievance procedure under
Article XII.
13.6 Notice of Recall from Lay-off Status. Recall from layoff
exceeding five (5) work days shall be by certified letter sent to
the employee at his/her last known address furnished to the City by
the employee. The City may also use any other means to return an
employee sooner.
ARTICLE XIV - PROMOTIONS
14.1 Postings. Promotional opportunities shall be posted for
at least three (3) weeks prior to the filling of the position.
14.2 Promotional Probationary Period. Regular employees
promoted into a higher classification shall serve a promotional
probationary period of six (6) full months. The Union also
recognizes the right of the employer to demote an employee on
promotional probationary status to his/her previous position.
Demotion of an employee on promotional probationary status shall
not be subject to the grievance procedure under Article XII and
such demotion shall not be considered a disciplinary action.
ARTICLE XV - GENERAL PROVISIONS
15.1 No Discrimination. The provisions of this Agreement shall
be applied equally to all employees in the bargaining unit without
discrimination as to race, creed, color, age, sex or national
origin. The Union shall share equally with the City the
responsibility for applying the provisions of this Section. All
reference to employees in this Agreement designate both sexes, and
whenever the male gender is used, it shall be construed to include
the male and female employees. Employees shall have the right to
form, join, and participate in the activities of the Union or any
other labor organization, or to refrain from any or all such
activities, and there shall be no discrimination by either the City
or the Union by reason of the exercise of such right except as
Agr~ncnt be(wc(m crI'Y OF ASHLAND and
TP_.ANtSTP_.RS LOCA.L UNION NO. 223
(g:XlSunion\tnm~.rs.~ - August 19, 1997
17
specifically provided herein. Nothing in this Agreement shall be
construed as precluding or limiting the right of an individual
employee to represent himself in individual personal matters.
15.2 Professional Standards and Safety Committee. In order
that the City may be informed and/or take appropriate action on
professional standards of safety and protective equipment, a
committee shall be formed composed of the Police Chief and/or
his/her designated representatives not to exceed two, and
representatives of the Union not to exceed three. This committee
shall meet as mutually agreed upon, consider surveys and factual
studies, and make recommendations for improvements to the City
Administrator.
15.3 Rules. It is jointly recognized that the City must retain
broad authority to fulfill and implement its responsibilities and
may do so by work rule, oral or written, existing or future. It is
agreed, however, that no work rule will be promulgated or
implemented which is inconsistent with a specific provision of this
Agreement. All work rules which have been be reduced to writing
will be furnished to the Union and to affected employees upon
request.
15.4 Other Employment. Prior to accepting outside employment,
an employee shall first discuss the matter with the Police Chief.
Acceptance or continuance of regular outside employment by an
employee shall be subject to the following criteria:
(a)
The need for mentally alert and physically able
public safety employees.
(b)
Insulating employees from potential conflict of
interest situations.
(c)
Maintaining efficiency unimpaired by other
employment, recognizing the nature of the job
requiring police officers to be available for
emergency duty twenty-four (24) hours a day.
15.5 Supervisory Employees. It is understood that supervisory
employees not covered under this Agreement shall not perform work
within the jurisdiction of the Union except in the case of an
emergency, or for purposes of instruction or training, or where the
complement of regular employees is temporarily reduced by reason of
absence of any employee due to illness or other legitimate reasons,
or where the work load is temporarily increased.
15.6 Uniforms. Protective Clothing and Devices. If an employee
is required to wear a uniform, protective clothing or use any type
of protective device, such article shall be provided by the city.
Replacements shall be provided by the City upon surrender of the
article, at no cost to the employee, reasonable wear excepted. Lost
articles or damage to articles due to negligence shall be
reimbursed to the city by the employee. Failure of any employee to
A~r~x~n~at b~m,~ CITY O1~ ASHLAND
THAMSTHRS LOCAL UNION NO. 223
(~:q%~on\m~trs.con- A~,u~t 19, 1997
18
wear such required uniform, protective clothing, or use such
protective device as prescribed by the City shall be cause for
disciplinary action as set forth in Article XI hereof.
15.7 Response-Time Requirement. All new regular sworn
employees shall establish their residence to enable them to report
for emergency duty within thirty (30) minutes of notification,
including get-ready time and travel time. All present sworn
employees who presently reside outside of this area shall become
residents of the area in the event they relocate their place of
residence following the effective date of this Agreement.
Exceptions must be approved by Police Chief. Employees shall not
use any telephone answering machine at their home when they are off
duty for the purpose of avoiding work-related matters.
15.8 Educational Allowance. After an employee's completion of
one (1) full year of continuous service, the Police Chief may
authorize reimbursement to the employee for costs directly related
to upgrading his/her professional ability through enrollment in an
educational course of study or class at a state accredited
educational institution. The amount of such reimbursement shall be
at the sole discretion of the Police Chief, based on the
availability of departmental resources for such expenditures and
upon the relative benefit to be realized by the department from the
employee's participation in the class or coursework. Funds may be
advanced to an employee to pay initial costs, however, final
reimbursement shall require the employee to provide evidence of
his/her successful completion of the class or coursework. In no
event shall the Department be responsible for reimbursing
educational costs incurred by an employee outside of an advance
mutual agreement with the Police Chief.
15.9 Position Descriptions. The general classifications of
labor which shall be recognized throughout this agreement shall be
those set forth in Appendix A.
15.10 Personnel File.
(a) Inspection. Each bargaining unit member shall have the
right to review, four (4) times a calendar year, and obtain at
their expense, copies of the contents of his/her personnel file,
exclusive of materials received prior to the date of their
employment with the City. The official personnel files shall be
maintained in the City Administrator's.office.
(b) Employee Signature. Each employee shall be offered the
opportunity to read and sign any written material that is placed in
their official personnel file. The employee may:
1. Sign such material indicating agreement.
Sign such material, indicating disagreement, in which
case the employee may place in his/her file a signed
response to such material.
~w~ crrY oF ASHLAND
LOCAL UNION NO. 22~
(~:~unRm\~.~ - Au~u~ 19, 1997
19
Refuse to sign such material in which case a member of
management shall place in that person's file a signed
statement indicating that the material was offered to the
employee for reading and signing and the employee
refused.
ARTICLE XVI - HEALTH, WELFARE & RETIREMENT
16.1 Health and Welfare. The City agrees to maintain existing
or equal or better insurance plans at present employee/family
coverage levels. Those plans and employee/family coverage levels
are:
(a) Blue Cross option V Health Insurance - family coverage.
(b) Standard Life Insurance Company life insurance - family
coverage.
(c) Standard Life Insurance salary continuation plan -
employee only.
(d) Blue Cross Dental Insurance - family coverage.
(e) Blue Cross - Basic Vision plan - family coverage.
(f) The city of Ashland Wellness Program - family coverage.
16.2 Retirement. The city agrees to maintain its existing
Retirement Plan, subject to the terms and provisions thereof, as it
applies to regular employees in the bargaining unit. Upon
retirement, one-half of accumulated sick leave will be applied to
retirement as set forth in O.R.S. 237.153. The city will also
assume or pay the employee contributions required by ORS for all
employees included under this agreement at a uniform rate of six
(6) percent.
16.3 Deferred Compensation. The city shall contribute $15.00
per month in matching funds per member enrolled in a city deferred
compensation program (currently ICMAor AETNA). This program is at
the option of the member and contingent upon a minimum $15.00 per
month contribution paid by the member.
ARTICLE XVII - WORKER'S COMPENSATION
All employees will be insured under the provisions of the Oregon
State Worker's Compensation Act for injuries received while at work
for the City.
ARTICLE XVIII - LIABILITY INSURANCE
The City shall purchase liability insurance in the maximum amounts
set forth in O.R.S. 30.270 for the protection of all employees
covered by this Agreement against claims against them incurred in
or arising out of the performance of their official duties. The
premiums for such insurance shall be paid by the City.
b~w~ CTrY OF ASH/~uND
LOCAL UNION NO. 223
~:~nk~\~.~ - A~gu~ 19, 1997
20
ARTICLE XIX - SAVINGS CLAUSE AND FUND
19.1 Savings Clause. Should any provision of this Agreement be
subsequently declared by the proper legislative or judicial
authority to be unlawful, unenforceable, or not in accordance with
applicable statutes or ordinances, all other provisions of this
Agreement shall remain in full force and effect for the duration of
the Agreement. Upon such declaration, the parties agree to
immediately meet and confer on a substitute, if possible, for the
invalidated portion thereof.
19.2 Funding. The parties recognize that revenue needed to
fund the wages and benefits provided by the Agreement must be
approved annually by established budgetary procedures and in
certain circumstances by vote of the citizens of the City. The City
shall not reduce the wages and benefits specified in the Agreement
because of budgetary limitations, but cannot and does not guarantee
any level of employment in the bargaining unit covered by this
Agreement. The City agrees to include in its annual budget request
amounts sufficient to fund the wages and benefits provided by this
Agreement, but makes no guarantee as to passage of such budget
requests or voter approval thereof.
ARTICLE XX - TERMINATION AND REOPENING
This agreement concludes all collective bargaining between the
parties during the term of this Agreement, and shall be effective
July 1, 1997 and shall remain in full force and effect until June
30, 2000.
This Agreement shall automatically be renewed from year to year
thereafter unless either party notifies the other in writing not
later than 90 days prior to the expiration date of this Agreement
of their intent to modify or terminate the Agreement. Negotiations
shall begin no later than 30 days after notice is given unless
otherwise mutually agreed. If such notice is not given, this
Agreement may be subsequently reopened for modification upon 60
days written notice; however, the Agreement shall remain in full
force and effect during the period of negotiations.
TEAMSTERS LOCAL UNION NO. 223
INTERNATIONAL BROTHERHOOD OF
TEAMSTERS ~
by: ~
Date: ~/~
CITY OF ASHLAND, OREGON
Agrccmcnt bctwc~n CITY O1~ ASHLAND and
TEAMSTERS LOCAL UNION NO. 223
(g:Xl~union\tmstrs,c~- ~pt~ubcr 12, 199-/
21
APPENDIX "A"
CLASSIFICATIONS WITHIN BARGAINING UNIT
Police officer
Clerk-Dispatcher
Parking Control Officer
Community Services Officer
Youth Diversion Officer
CLASSIFICATIONS EXCLUDED FROM BARGAINING UNIT
Sergeant and above in rank
Administrative Services Manager
Confidential Employees
Police Reserves, as set forth
in General Order #82-001
republished as of 5-27-82
Irregular part-time employees who
do not work a set schedule or who
work less than an average of 20
hours per week
Seasonal and temporary employees
who are hired to work on a temporary
basis for an undefined period of time
A~ ~w~a CrrY OF ASHLAND
TEAMSTRRS LOCAL UNION NO. 223
~:~%~.~ - A~u~ 19, 1997
22
APPENDIX "B"
WAGE SCHEDULE
A. Effective July 1, 1997, the following wage rates shall apply.
CLASSIFICATION
Dispatcher
First six months
Next 12 months
Next 12 months
Next 12 months
Thereafter
Police Officer
First six months
Next 12 months
Next 12 months
Next 12 months
Next 12 months
Thereafter
HOUR\(MONTH)
Eff. 7/1/97
$11.88 (2059)
12.58 (2180)
13.17 (2283)
13.84 (2399)
14.71 (2550)
$13.98 (2423)
14.74 (2555)
15.34 (2659)
15.97 (2768)
16.88 (2926)
17.76 (3078)
Parking Control Officer
First six months
Next 12 months
Next 12 months
Next 12 months
Thereafter
$ 9.03
9.58
10.15
10.76
11.43
Community Services Officer
First six months
Next 12 months
Next 12 months
Next 12 months
Next 12 months
Youth Diversion officer
First six months
Next 12 months
Next 12 months
Next 12 months
Next 12 months
$10.67 (1849)
11.24 (1948)
11.82 (2049)
12.44 (2156)
13.10 (2271)
$13.42 (2326)
14.22 (2465)
15.08 (2614)
15.98 (2770)
16.94 (2936)
Effective July 1, 1998, the July 1, 1997 wage rates shall be
increased a percentage amount based on the U.S. City Average CPI-W,
March, 1997 to March, 1998 period. There shall be a minimum wage
increase of 3% and a maximum of 5%.
Effective July 1, 1999, the July 1, 1998 wage rates shall be
increased in a percentage amount based on the U.S. City Average
CPI-W, March, 1998 to March, 1999 period. There shall be a minimum
wage increase of 3% and a maximum of 5%.
Agr~c~eut Ix~weea CTn' OF
~ ~ UNION NO. 223
(g:h~uuiou\tmstn.cou - August 19, 1997
23
APPENDIX "C"
DETECTIVE ASSIGNMENT AND COMPENSATION
Except as otherwise provided for in this Agreement, employees may
be assigned to work as Detectives and shall be compensated as
follows:
Section 1. Compensation. Any member of the bargaining unit who is
assigned to detective status shall be compensated an additional
five percent (5%) over the monthly rate for Police officer set
forth in "Appendix B" of this Agreement until relieved of such
assignment.
Section 2. Overtime. The Police Chief may require any detective
to work overtime in excess of the detective's normal eight (8) hour
work day. The amount of overtime that may be required by the
Police Chief of the detective shall not exceed eight (8) hours in
addition to the normal eight (8) hour work day. (i.e., maximum
hours to be worked in one day is not greater than 16)
In the event the Police Chief requires a detective to work overtime
the detective must then be scheduled for a like number of hours off
within the same work week if, in the judgment of the Police Chief
it is at all possible to do so. (i.e., assume for purposes of
illustration a work week of 8 AM to 4 PM, Monday through Friday --
if a detective were required to work ten (10) hours on Thursday,
then he would normally expect to be scheduled for two (2) hours off
on Friday. This would result in sequential work days consisting of
8 hours, 8 hours, 8 hours, 10 hours and 6 hours for a total work
week of 40 hours).
No detective shall be eligible for overtime compensation (at the 1
1/2 straight time rate) during his/her work week unless he is
required by the Police Chief to actually work more than 10
consecutive hours in a work day, or more than forty (40) hours
within that particular work week. Each detective's work week shall
consist of some five consecutive individual detective's work days.
Each of the five (5) work days scheduled for any individual
detective shall have the same tentatively designated starting time
and the same tentatively designated quitting time allowing for
eight (8) hours work to be accomplished, including one-half (1/2)
hour for a meal period.
Except for purposes of scheduling actual work in excess of eight
(8) hours on a given day and/or scheduling like time off subject to
the provisions contained herein, and except where an emergency
requires immediate rescheduling of the work day, no detective's
tentative scheduling of starting and/or quitting time may be
changed unless notice of such contemplated change is posted on a
department bulletin board at least seven (7) days in advance of the
change.
Agr~mcnt b~twc~n CITY OF ASHLAND and
TEAtV._~'I'ERS LOCAL UNION NO. 223
(g:~,union\tmstrs.c(m - August 19, 1997
24
Section 3. Uniform Allowance. Any member of the bargaining unit
who is assigned to detective status shall receive an in-lieu
uniform allowance in cash of $40.00 per month for the period of
time that such employee is assigned such status.
b~w~u CTrY OF ASHLAND
LOCAL UNION NO. 223
~g:X6unk~\~n~.~ - Au~u~ 19, 1997
25