HomeMy WebLinkAbout2025-125 AGRMT District Council of Laborers Union Local 737 AGREEMENT
BETWEEN
THE CITY OF ASHLAND, OREGON
and
DISTRICT COUNCIL OF LABORERS
and
LABORERS UNION LOCAL 737
July 1 , 2025 - June 30, 2028
PREAMBLE ................................................................................................................... 1
SCOPE OF AGREEMENT............................................................................................ 1
ARTICLE I - RECOGNITION........................................................................................ 1
ARTICLE II - UNION SECURITY AND CHECK-OFF ....................................................2
Section 1. Union Security................................................................................................2
Section 2. Check-off for Union Members.........................................................................2
Section 3. New Employee Orientation.............................................................................2
Section 4. Indemnification ...............................................................................................2
ARTICLE III - MANAGEMENT RIGHTS.........................................................................2
ARTICLE IV - STRIKE AND LOCKOUT PROHIBITION.................................................3
ARTICLE V- HOLIDAYS ...............................................................................................4
Section 1. Recognized Holidays......................................................................................4
Section2. Holiday Pay....................................................................................................5
Section3. Holiday Work..................................................................................................5
ARTICLE VI -VACATIONS ...........................................................................................5
Section 1. Use of Vacation Time During First 6 Months..................................................5
Section 2. Continuous Service ........................................................................................6
Section 3. Use of Accrued Vacation Time.......................................................................6
Section 4. Accural Limitations .........................................................................................6
Section5. Scheduling......................................................................................................7
Section 6. Payment on Termination ................................................................................7
ARTICLE VII - HOURS OF WORK.................................................................................7
Section 1. Hours of Work and Workweek........................................................................7
Section 2. Work Schedules .............................................................................................8
Section3. Rest Periods...................................................................................................8
Section4. Meal Periods ..................................................................................................8
ARTICLE VIII - SICK LEAVE........................................................................................8
Section 1. Accumulation..................................................................................................8
Section 2. Purpose for Sick Leave and Notice Requirements.........................................9
Section 3. Integration with Worker's Compensation........................................................9
Section 4. Sick Leave Without Pay .................................................................................9
Section5 Termination ................................................................................................... 10
2025-2028 Laborer's Contract
Section 6. Compensation for Not Using Sick Leave...................................................... 10
Section 7. Protected Leave ........................................................................................... 10
ARTICLE IX- BEREAVEMENT LEAVE ...................................................................... 10
ARTICLE X - OTHER LEAVES OF ABSENCE............................................................ 11
Section 1. Leaves of Absence Without Pay................................................................... 11
Section2. Jury Duty...................................................................................................... 11
Section 3. Appearances ................................................................................................ 11
Section 4. Required Court Appearances....................................................................... 11
Section 5. Union Business ............................................................................................ 11
Section 6. Educational Leave........................................................................................ 12
Section 7. Military Leave ............................................................................................... 12
Section 8. Failure to Return From Leave....................................................................... 12
ARTICLE XI - COMPENSATION................................................................................ 12
Section1. Pay Schedule ............................................................................................... 12
Section2. Pay Periods.................................................................................................. 13
Section 3. Call-Back Time............................................................................................. 13
Section4. Overtime....................................................................................................... 13
Section 5. Overtime Compensation............................................................................... 14
Section6. Standby Pay................................................................................................. 14
Section7. Mileage......................................................................................................... 15
Section 8. Working Out of Class ................................................................................... 15
Section 9. Longevity Pay Program ................................................................................ 15
ARTICLE XII - DISCIPLINE AND DISCHARGE ........................................................... 16
Section1. Discipline...................................................................................................... 16
Section2. Discharge ..................................................................................................... 16
ARTICLE XIII -SETTLEMENT OF DISPUTES............................................................. 16
Section 1. Grievance and Arbitration Procedure ........................................................... 16
Section2. Stewards ...................................................................................................... 18
ARTICLE XIV- SENIORITY......................................................................................... 18
Section1. Seniority ....................................................................................................... 18
Section 2. Probationary Period...................................................................................... 19
Section 3. Promotional Probationary Period.................................................................. 19
Section 4. Promotional Opportunities............................................................................ 20
2025-2028 Laborer's Contract
Section 5. Recall From Layoff....................................................................................... 20
Section 6. Temporary Employees ................................................................................. 20
ARTICLE XV- GENERAL PROVISIONS......................................................................21
Section 1. No Discrimination ......................................................................................... 21
Section 2. Bulletin Boards ............................................................................................. 21
Section 3. Visits by Union Representatives................................................................... 21
Section 4. Solicitation.................................................................................................... 22
Section 5. Existing Conditions....................................................................................... 22
Section6. Rules............................................................................................................ 22
Section 7. Other Employment ....................................................................................... 22
Section 8. Supervisory Employees................................................................................ 22
Section 9. Uniforms, Protective Clothing and Devices .................................................. 23
Section 10. Response Time Requirement..................................................................... 23
Section 11. Safety Committee....................................................................................... 23
Section 12. Training Opportunities ................................................................................ 23
Section 13. Temporary Employees ............................................................................... 23
ARTICLE XVI - HEALTH, WELFARE AND RETIREMENT......................................23
Section 1. Health and Welfare....................................................................................... 23
Section 2. Health and Welfare....................................................................................... 24
Section 3. HRA-VEBA................................................................................................... 24
Section 4. Life Insurance............................................................................................... 24
Section 5. Long Term Disability Insurance.................................................................... 24
Section 6. Deferred Compensation ............................................................................... 24
Section 7. Flexible Spending Account........................................................................... 24
Section8. Retirement.................................................................................................... 24
Section 9. Medical Coverage for Retirees..................................................................... 25
Section10. Mercy Flights.............................................................................................. 25
ARTICLE XVII - WORKER'S COMPENSATION...........................................................25
Section 1. Worker's Compensation ............................................................................... 25
Section 2. Supplementary Payment.............................................................................. 25
ARTICLE XVIII - LIABILITY INSURANCE....................................................................25
Section 1. Liability Insurance......................................................................................... 25
Section 2. Property Insurance....................................................................................... 26
2025-2028 Laborer's Contract
ARTICLE XIX - SAVINGS CLAUSE AND FUNDING ...............................................26
Section 1. Savings Clause ............................................................................................26
Section2. Funding ........................................................................................................26
ARTICLE XX -TERMINATION AND REOPENING ..................................................27
APPENDIX A - JOB CLASSIFICATIONS IN THE BARGAINING UNIT ......................28
APPENDIX B - SALARY SCHEDULE..........................................................................29
APPENDIX C - PURPOSES FOR SICK LEAVE ..........................................................30
APPENDIX D - CERTIFICATION AND CONTINUING EDUCATION INCENTIVE.......31
2025-2028 Laborer's Contract
AGREEMENT BETWEEN
THE CITY OF ASHLAND, OREGON
DISTRICT COUNCIL OF LABORERS and LABORERS UNION LOCAL 737
PREAMBLE
This Agreement is entered into by the City of Ashland, Oregon, hereinafter referred
to as the "City", and Oregon, Southern Idaho District Council of Laborers
International Union of North America-, AFL-CIO, hereinafter collectively referred to
as the "Union". Unless indicated otherwise, references to the "City" herein shall
include the City's elected officials, the City Manager, or their designee(s) as the
officials directly responsible for the operation of the department(s) covered by this
Agreement. The purpose of this Agreement is to set forth the fall and complete
Agreement between the parties on the matters pertaining to rates of pay, hours of
work and other conditions of employment.
SCOPE OF AGREEMENT
This Agreement shall apply to classifications of employees in the Public Works
Department, Ashland, Oregon, as set forth in Appendix "A" but excluding
supervisory employees, confidential employees, clerical employees, guards, part-
time employees, or temporary employees.
Where the term "employee" is used, it shall mean regular employees or
probationary employees within the bargaining unit, as the same are defined in
Article XIV hereof.
The parties agree as follows:
ARTICLE I - RECOGNITION
The City recognizes the Union as the sole and exclusive bargaining agent for the
purpose of establishing rates of pay, hours of work and other conditions of
employment for all employees within the bargaining unit described immediately
above.
2025-2028 Laborer's Contract Page
ARTICLE II - UNION SECURITY AND CHECK-OFF
Section 1. Union Security. The terms of this Agreement have been made for all
employees in the bargaining unit and not only for the members of the Union. Their
membership or non-membership in the Union shall be the individual choice of
employees covered by this agreement. The City shall furnish to the union the
names and addresses (including cell phone and personal email) of newly hired
employees covered by this agreement within thirty (30) calendar days following the
employee's date of hire.
Section 2. Check-off for Union Members. Upon receipt monthly from the Union
of a list of names of bargaining unit employees who have authorized such
deductions, the City agrees to deduct the regular monthly dues uniformly required
of members of the Union and remit such deductions by the fifteenth (15th) of the
succeeding month to the official designated by the Union in writing to receive such
deductions. The Union will notify the City in writing of the exact amount of such
regular membership dues to be deducted. Authorization by the employee shall be
on forms furnished and kept by the Union and may be revoked by the employee
upon request. Employees terminating with less than ten (10) working days in any
calendar month will not be subject to a dues' deduction.
Section 3. New Employee Orientation. The City shall hold a new employee
orientation for new hires in the bargaining unit. The City shall provide the Union
notice of new employee orientations no less than 10 calendar days before the
orientation and shall include the date, time and location of the orientation.
Immediately following the City's orientation, the Union shall be allowed up to (30)
minutes to provide its new employee orientation to the new hire(s). Management
shall not be present during the Union's presentation. The decision whether to
attend the Union's orientation shall be at the sole discretion of the new employee,
but if the employee attends, their attendance shall be without loss of pay.
Section 4. Indemnification. The Union agrees to indemnify and 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 sixty (60) days of receipt of such notification.
ARTICLE III - MANAGEMENT RIGHTS
Union recognizes the prerogative of City to operate and manage its affairs in all
respects in accordance with its responsibilities, and the powers or authority which
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City has not expressly abridged, delegated or modified by this Agreement are
retained by City. It is understood and agreed that City possesses the sole and
exclusive right to operate the City through its City Manager and department heads
and that all management rights repose in it, but such rights must be exercised
consistent with the other provisions of this contract. These rights include but are not
limited to the following-
1 . To determine the mission of its constituent departments, commissions and
boards.
2. To set standards of services.
3. To train, assign and direct its employees.
4. To discipline or discharge for just cause.
5. To relieve its employees from duty because of lack of work, finances or other
legitimate reasons.
6. To maintain the efficiency of governmental operations.
7. To determine the methods, means and personnel by which government
operations are to be conducted; except that the City will not contract any work
which is ordinarily done by its regular employees for the specific purpose of
laying off or demoting such employees, and will furnish the Union with a copy
of any contract entered into involving work covered by this contract.
8. To determine the content of and the minimum qualifications for job
classifications.
9. To take all necessary action to carry out its mission in emergencies, and
10. To exercise complete control and discretion over its organization and the
technology of performing its work.
ARTICLE IV- STRIKE AND LOCKOUT PROHIBITION
Section 1. 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, or slowdown, picketing,
or any other restriction of work at any location in the City. Employees in the bargaining
unit, while 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 the 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 this
Article. 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.
Section 2. In the event of a strike, work stoppage, slowdown, picketing, observance
of a picket line, or other restriction of work in any form, either on the basis of
individual choice or collective employee conduct, the Union will immediately upon
notification, 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
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whether such subject matter is or is not subject to the grievance and arbitration
provision of this Agreement.
Section 3. There will be no lockout of employees in the unit by the City as a
consequence of any dispute with the Union arising during the period of this
Agreement.
ARTICLE V- HOLIDAYS
Section 1. Recognized Holidays. The following shall be recognized as holidays:
New Year's Day (January 1 st)
Martin Luther King Day (3rd Monday in January)
Washington's Birthday (3rd Monday in February)
Memorial Day (last Monday in May)
Juneteenth (June 19th)
Independence Day (4th of July)
Labor Day (1 st Monday in September)
Veteran's Day (November 11 th)
Thanksgiving Day (4th Thursday in November)
Day after Thanksgiving (4th Friday in November)
Christmas Eve (December 24t")
Christmas Day (December 25th)
a) When the U.S. President or Oregon Governor establishes a new annually
reoccurring holiday or issues a declaration or executive order directing a one-
time federal or state office closure for the purposes of observing a day of
nationwide or statewide celebration or homage - for example, for mourning
the passing of a former president or other significant person or for
memorializing a particular tragic or jubilant event - such a day will be a paid
holiday for City employees subject to this bargaining agreement; and
b) A presidential declaration or executive order for the specific purpose of
closing federal offices will not necessarily result in a paid City holiday.
Examples of federal or state closures that will not necessarily constitute a paid
City holiday include: furloughs, weather-related closures, disaster/emergency
closures, and office closures extending, for federal employees, the
recognized holidays listed in Section 1 above, such as closing the day just
prior or just after Christmas.
Whenever a holiday shall fall on Sunday, the succeeding Monday shall be observed
as the holiday. Whenever a holiday shall fall on Saturday, the preceding Friday shall
be observed as the holiday. If an employee is on preauthorized vacation, sick leave,
or other leave with pay when a holiday occurs, payment to the employee for that
2025-2028 Laborer's Contract Page 4
day shall be accounted for as holiday pay, not as pay for hours of the preauthorized
leave.
Section 2. Holiday Pay. Regular employees shall receive eight (8) hours pay for
each of the Holidays listed above on which they perform no work. In order to be
eligible for Holiday pay when no work is performed, an employee must work on their
last scheduled workday prior to the Holiday and on their first scheduled workday
immediately following the Holiday, unless the employee provides a justifiable
excuse to the City.
Section 3. Holiday Work. If a regular employee is required to work on any of the
Holidays listed above as part of their regularly scheduled work week, they shall
receive, in addition to their holiday pay, compensation for all hours worked at their
regular straight time rate of pay. Compensation accrued by reason of authorized
work on a Holiday as provided herein shall be paid for at the straight time rate being
received at the time the work was performed or given another compensatory day off
at the option of the department head. If any other regular employee is required to
work on a Holiday, they shall receive, in addition to their regular pay, compensation
for all hours worked in accordance with call-back pay provisions set forth in Article
XI, Section 3.
ARTICLE VI -VACATIONS
Section 1.
Use of Vacation Time During First Six 6 Months- To aid in the transition to City
employment, upon approval by the employee's supervisor, new hires can use their
anticipated vacation accruals for the first six (6) months of employment starting
from the time of hire. After 6 months of employment, vacation time may be taken
only to the extent such vacation has been accrued. In the event a new employee
leaves prior to completing 6 months of employment, the employee's final paycheck
will be reduced by an amount equivalent to pay for the hours the employee took as
paid vacation time off in excess of vacation hours actually accrued (see example
below). The opportunity in December to cash out a portion of earned vacation
hours as provided in Section 3.1 only applies to vacation actually accrued and not
used.
Example: a new hire is granted 60 hours of vacation at time of hire. They accrue 5
hours of vacation per pay period. During month 2 they use all 60 hours of
anticipated vacation hours then resign after 4 full months on the job. The City would
deduct 20 hours of pay from the employee's final pay check because only 4 months
of vacation hours (or 40 hours) had accrued at the time of the employee's
resignation.
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Years of Service Accrued Vacation Per Pay Period*
<4 5 hours per pay period
>4<9 6 hours per pay period
>9<14 7 hours per pay period
>14<19 8 hours per pay period
>19 10 hours per pay period
*There are 26 pay periods per year, however benefits accrue in only the first and
second pay periods of the month.
Section 2. Continuous Service. Continuous service, for the purpose of
accumulating vacation leave, shall be based on the employee's last date of hire.
Vacation leave shall not accrue during any leave of absence without pay during a
pay period. Authorized leave without pay and lay-offs shall not be counted as
service, however, employees returning from such leave and employees on layoff
status shall be entitled to credit for service prior to the leave or layoff.
Section 3. Use of accrued vacation time. Each year, an employee may use
accrued vacation time to take time off or to carry forward to the next year. The
following rules apply:
Section 3.1. Employees are encouraged to use at least 75% of their annual
vacation accrual for time off. Example: an employee who earns 16 vacation
days per year (10.67 hours per month) should take at least twelve (12) days of
vacation time off during the year.
Section 3.2. Vacation time that is not used for time off will carry forward to the
next year.
Section 3.3. An employee cannot accumulate at any time more vacation time
than two times their annual vacation accrual. Example: an employee who earns
16 vacation days per year (10.67 hours per month) may accumulate up to thirty-
two (32) days of vacation.
Section 3.4. If an employee has the maximum amount of vacation accumulated,
no more vacation time is earned until the employee has used some of the
accumulated vacation time.
Section 3.5. Vacation leave taken shall not be in excess of that actually accrued
at the time it is taken.
Section 4. Accrual Limitations. An employee will be allowed to accrue vacation
up to, but not to exceed an amount equivalent to two times the amount that they
accrue in a calendar year. An employee who is about to lose vacation credit
2025-2028 Laborer's Contract Page 6
because of accrual limitations may, by notifying their supervisor 15 days in
advance, request leave to prevent loss of vacation leave. If the City cannot grant
leave due to staffing problems, the City may grant a temporary allowance to accrue
vacation in excess of the accrual cap of this subsection. Said temporary allowance
may continue for no more than 180 days. No payment shall be made for vacation
leave lost by an employee because of accrual limitations, unless the failure to take
vacation is caused by the City's insistence that the employee be at work during a
scheduled vacation period.
Section 5. Scheduling. Employees shall be permitted to request vacation on either
an entire basis, or split into increments of not less than one working day. Vacation
times shall be scheduled based on the head of the department's (or their
designee's) judgment as to the needs of efficient operations and the availability of
vacation relief. Accordingly, the City will not guarantee that vacation times selected
by the Street Division crew during the last two weeks of June, and the last two
weeks of August or September will be granted. 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, that each employee will be permitted to
exercise their right of seniority only once annually. The vacation schedule for the
period of May 1 to April 30, shall be posted annually as of April 1 and employees
shall exercise their choice by bidding in seniority. The list shall be closed as of April
30 and subsequent changes shall be made only by mutual consent between the
employee and the City. Scheduling of vacation periods to the extent consistent with
operating requirements of the City and vacation credits of the employee, shall be in
daily units.
Section 6. Payment on Termination. In the event of the death or termination of an
employee during the initial twelve (12) months of their 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) months, and is otherwise eligible for
vacation credits, the employee shall be entitled to payment for accrued vacation
leave at the rate 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
Section 1. Hours of Work and Workweek. To the extent consistent with operating
requirements of the City, eight (8) hours shall constitute a regular work shift, and
five (5) consecutive days of regular shifts, normally beginning Monday and
terminating Friday, shall constitute a week's work. However, an employee may be
scheduled by the City for a workweek other than Monday through Friday, which
shall become their regular workweek. With a department head's approval, an
alternate 40 hour per week work schedule can be established such as four (4)
2025-2028 Laborer's Contract Page 7
workdays of ten (10) hours. The City Manager and Department heads have
discretion to end such approval.
Within the regular work shift for Treatment Plant Operators is a paid, one-half hour
meal period during which Operators may not leave the treatment plants. In addition,
any other regular employee who is scheduled to work a shift which begins prior to
6.00 am., or a shift which ends after 10.00 p.m., shall be scheduled for 8 consecutive
hours, including 1/2 hour for a meal period which shall be paid.
Section 2. Work Schedules. All employees, to the extent consistent with operating
requirements, shall be scheduled to work on a regular work shift, and each shift shall
have regular starting and quitting times. Supervisors shall establish a regular method
to communicate schedules or schedule changes in advance to employees. Except
for emergency situations and for the duration of the emergency, changes in work
schedules shall be communicated fourteen (14) calendar days prior to the effective
date of the change.
A department head may approve a schedule with a different starting and ending
time on different days of the week or month. The City Manager and Department
heads have discretion to end such approval.
Section 3. Rest Periods. A paid 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. Rest periods may be taken at a place of the employee's
choosing provided no more than the allotted time is used and no City vehicles are
used for transportation to or from such place.
Section 4. Meal Periods. Except for treatment plant operators, and to the extent
consistent with operating requirements of the respective departments, an
uninterrupted, unpaid, one-half hour meal period shall be scheduled in the middle of
the work shift. Meal periods may be taken at a place of the employee's choosing
provided no more than the allotted time is used and no City vehicles are used for
transportation to or from such place.
ARTICLE VIII - SICK LEAVE
Section 1. Accumulation. New employees will be credited with six (6) months
accrued sick leave upon hire for their immediate use. Upon completion of six
months, 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 shall not accrue during any leave of absence without pay during a pay
period to the extent that the City remains in compliance with Oregon Sick
leave laws. Sick leave may be accumulated to a total of nine hundred sixty (960)
2025-2028 Laborer's Contract Page 8
hours and must be taken for the purposes specified in Section 2 hereof as a
condition precedent to any sick leave payment. Sick leave shall not continue to
accrue during authorized sick leave or disability leave in excess of ninety (90)
calendar days.
Section 2. Purposes for Sick Leave and Notice Requirements. Employees may
utilize their allowance for sick leave for any purpose set forth in "Appendix C -
Purposes for Sick Leave" attached and incorporated herein. In such event, the
employee shall notify the department head or other supervisor of their need to use
sick leave and of the expected length thereof, as soon as possible up to ten (10)
calendar days prior to the beginning of the first work shift they expect to miss,
unless unable to do so because of the serious nature of their own injury or illness.
Medical verification from a qualified health care provider of the need for the use of
sick leave may be required at the option of the City for absences of over three
consecutive workdays. If the need for sick time is foreseeable and is projected to
last more than three scheduled workdays, the supervisor may require that
verification be provided before the sick leave commences or as soon as otherwise
practicable. Otherwise, medical verification shall be provided to the supervisor
within 15 calendar days of the request therefore. The employer shall pay any
reasonable costs for providing medical verification required under this section,
including lost wages, that are not paid under the employee's medical or dental
insurance policies.
If a supervisor suspects that an employee is abusing sick time, including engaging
in a pattern of abuse, they may require verification from a qualified health care
provider of the need of the employee to use sick time, regardless of whether the
employee has used sick time for more than three consecutive days. "Pattern of
abuse" includes, but is not limited to, repeated use of unscheduled sick leave on or
adjacent to weekends, holidays, vacation days or paydays.
Section 3. Integration with Workers' 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 recurring time-loss payments received under
Worker's Compensation laws and the employee's regular pay. In such instances,
pro-rated charges will be made against accrued sick leave for the first thirty (30)
calendar days in proportion to the City's contribution to the employees' wages.
Thereafter, full charges will be made against accrued sick leave until such sick
leave is exhausted, after which time the only compensation will be Workmen's
Compensation benefits, if any.
Section 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, vacation leave, compensatory time and FMLA and OFLA
unpaid leave have been exhausted. The City may require that the employee submit
2025-2028 Laborer's Contract Page 9
a certificate from a physician periodically during the period of such disability, and
before returning to work.
Section 5. Termination. Sick leave is provided by the City in the nature of
insurance against loss of income due to illness or injury. No compensation for
accrued sick leave shall be provided for any employee upon their death or
termination of employment, except that upon retirement, accumulated but unused
sick leave will be reported to Oregon PERS as provided in ORS 238.350. Sick leave
shall not accrue during any period of leave without pay.
Section 6. Compensation for Not Using Sick Leave. Employees may elect to
receive 1/3 of their unused annual sick leave accrual (maximum of 32 hours) as
cash on their first paycheck in December. If cash payment is not elected, the
unused portion of sick leave will be added to employee's cumulative sick leave
balance or converted to accrued vacation at the option of the employee.
Employees who use 40 hours of sick leave or less in a calendar year shall be
entitled to the full cash out as stated in Section 6. above in compliance with Senate
Bill 454 which requires all employers to allow employees up to 40 hours of
protected sick leave each year.
Examples of how the payment for unused sick leave is calculated:
Annual Accrual: 96 96 96 96
Sick leave hours used by employee 100 30 10 152
during the year:
All employees are entitled to use up to 40 40 40 40
40 hours without impacting their sick
leave incentive.
Hours used up to 40/year are added 96-100 = -4 + 40 96-30 = 66 + 30 96-10 = 86 + 10 96-152 = -56 + 40
back for the purpose of calculating the = 36/3 = 12 = 96/3 = 32 = 96/3 = 32 = -16/3 = -5.33
sick leave incentive:
12 32 32
Section 7. Protected Leave. An employee may be granted in accordance with
applicable federal and state Family & Medical Leave Laws.
For the purpose of this section, family members shall include any family member
recognized under the Oregon and/or Federal Family and Medical Leave Acts.
ARTICLE IX- BEREAVEMENT LEAVE
Section 1. Bereavement Leave. An employee may be granted five (5) days
bereavement leave (40 hours) with regular pay in the event of death in the
immediate family of the employee. For the purposes of the Bereavement Leave
benefit, an employee's immediate family shall include spouse, parent, children,
2025-2028 Laborer's Contract Page 10
sibling, sibling-in-law, parent-in-law, grandparents and grandparents-in-law. The
employee will be paid their regular hourly rate for any such days of excused
absence which occur only during their assigned workweek.
ARTICLE X - OTHER LEAVES OF ABSENCE
Section 1. Leaves of Absence Without Pay. Leaves of absence without pay not to
exceed one (1) year 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 Department Head 30 days
prior to the requested leave date. Grants of such leave include no guarantee that
the position vacated will not be eliminated during the employee's leave due to
budget constraints.
Section 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 by them for such jury
service, and upon being excused from jury service for any day an employee shall
immediately contact their supervisor for assignment for the remainder of their
regular workday.
Section 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 service on the employee of a subpoena or other direction by proper
authority. The matter must be one in which the employee is not a party to the
proceeding. The regular pay of such employee shall be reduced by an amount
equal to any compensation they may receive as witness fees.
Section 4. Required Court Appearances. Leaves 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.
Section 5. Union Business. Employees elected to any legitimate full-time paid
Union office which takes them from their employment with the City, shall upon
written request of the Union and the employee, be granted a leave of absence of up
to one (1) year without pay, renewable upon application. Employees selected by the
Union to attend conventions and related Union activities, shall upon written request
of the Union and the employee, be granted a leave of absence of up to thirty (30)
days without pay.
2025-2028 Laborer's Contract Page 11
Section 6. 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 their professional ability
through the 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 department head. One-year leaves of absence, with
requested extensions, for educational purposes may not be provided more than
once in any three (3) year period. Their replacement shall be considered a
temporary employee.
Employees may also be granted time off with pay for educational purposes for
reasonable lengths of time, to attend conferences, seminars, briefing sessions,
training program, 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 department head.
Section 7. Military Leave. Paid and unpaid military leave shall be granted in
accordance with Oregon and federal law.
Section 8. 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 their position with the
City, and their position shall be declared vacated; except and unless the employee,
prior to the expiration of their leave of absence, has furnished evidence that they
are unable to work by reason of sickness, physical disability or other legitimate
reason beyond their control.
Section 9. Personal Days. Regular employees shall receive three (3) personal
days (24 hours) each July. No cash payment will be made for personal days
and they can only be taken as time off during the fiscal year in which they are
granted. Personal days must be used by June 30 of each year, or they will be
forfeited. In the event of termination, resignation, or retirement, no cash
payment will be made for Personal Days.
ARTICLE XI - COMPENSATION
Section 1. Pay Schedule. Employees shall be compensated in accordance with
the pay schedule attached to this Agreement and marked Appendix "B" which is
hereby incorporated into and made a part of this Agreement. 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 discuss the matter. If the Union does not agree
2025-2028 Laborer's Contract Page 12
that the classification or pay rate is proper, the Union may submit the issue as a
grievance according to the grievance procedure.
The Following Wage Increases shall be applied:
Effective 7/1/2025— Wage adjustment per the City's comp and class study
where employees will be placed in the new salary schedule on the step
closest to their current salary without a decrease. All employees whose
placement into the new salary schedule results in an increase of less than
2.5% as of June 30, 2025, will be moved up one additional step automatically.
All current employees' anniversary dates, for reasons specific to the salary
schedule, will be adjusted to July 1, 2025.
Effective 7/1/2026 - All positions in the bargaining unit shall receive a 2.0% Cost-
of- Living Adjustment (COLA).
Effective 7/1/2027 - All positions in the bargaining unit shall receive a 2.0% Cost-
of- Living Adjustment (COLA).
Section 2. Pay Periods. Paydays shall be on the Friday following the close of each
pay period.
Section 3. Call-back time. Employees called back to work shall receive overtime
pay with a guaranteed minimum of two (2) hours at double time for the work for
which they are called back and return to work. This section applies only when call-
back result in hours worked which are not annexed consecutively to one end or the
other of the working day or working shift. Phone calls or SCADA alerts received
outside of the working day or working shift, that do not result in a return to work will
result in one (1) hour of double time, unless that call or alert takes longer than one
(1) hour to resolve. Calls lasting longer than (1 ) hour will result in double time for the
actual duration of the call or alert. This section does not apply to scheduled
overtime, call-in times annexed to the beginning of the work shift, or hold-over times
annexed to the end of the work shift or work day.
Section 4. 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 two (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 forty (40) hours in any workweek.
2025-2028 Laborer's Contract Page 13
Section 5. Over-time Compensation. Overtime may be paid in the form of
compensatory time off at the applicable rate, subject to the approval of the
Department Head or designated supervisor. All overtime shall be recorded by the
employee and must be approved by the Department Head or designated supervisor
in advance. The employee must designate whether they desire pay or
compensatory time off on the time sheet reporting the overtime worked.
Compensatory time shall be accrued on an annual basis from December 1 to
November 30 with any amount unused on November 30 to be compensated as
pay on the first paycheck of December. Accrued compensatory time shall not
exceed forty (40) hours which represents eighty (80) hours of straight time.
However, at the option of the employee, up to forty (40) hours ( 80 hours of straight
time) may be carried forward for use in the next year, rather than being cashed out
in December.
Section 5.1. Overtime Meal Allowance. Employees who are required to
work more than (12) hours in one work day or are required to report to work
without adequate time to prepare a meal shall be entitled to a meal
allowance. An overtime meal allowance of $15.00 will be paid on the first
paycheck that includes the overtime work. Overtime meal allowance should
be approved by the employee's supervisor and requested on the timesheet
when the overtime work occurred.
If overtime work continues after a meal has been provided, employees shall
be entitled to additional meals at (4) hour intervals thereafter.
Section 6. Standby Pay. Standby pay shall be 10% of an employee's regular
monthly rate. If a holiday occurs, or the holiday observation occurs on an assigned
work day, an additional 2% of the employee's regular monthly rate shall be paid to
such employee for the week in which the holiday, or observation occurs.
Section 6.1 Duty. Standby operations, referred to as `duty', are a critical
practice to ensure a timely response to issues or emergencies that may
arise outside normal business hours. Certain operations are required
are required to be available for response 24 hours a day, 7 days a week.
Additionally, qualified operators must be on call and available at all
times to support the Treatment Plant.
Section 6.2. Duty Rotation. Members of divisions with rotational duty
schedules are required to take duty in one-week increments, with each
member of the crew rotating through the duty schedule in a consistent
manner. For example, if a crew consists of six qualified individuals, each
member will be assigned one week of duty every six weeks, maintaining a
continuous rotation. All qualified members of the crew will participate in
this rotational schedule. Employees will be incorporated into the duty
2025-2028 Laborer's Contract Page 14
rotation once they are deemed ready, which will occur no later than one
year from their date of hire. The supervisor has the discretion to determine
when an employee is ready to assume this responsibility.
(a) Trading of rotational duty assignments may only be done with the
prior approval of the division supervisor. The employee assigned to
duty is responsible for ensuring that their schedule is covered before
being relieved of duty for that one-week cycle.
Section 7. Mileage. An employee required to report for special duty or assignment
at any location other than their permanent reporting location and who is required to
use their personal automobile for transportation to such location shall be
compensated at the mileage reimbursement rate established annually by the IRS.
Section 8. Working Out of Class. Whenever an employee is required to work in a
higher job classification, they shall receive an additional 5% for the next higher
classification, 10% for a two-classification upgrade and 15% for a three-
classification upgrade for the actual hours worked in the higher classification. Any
member of the bargaining unit assigned as "Lead Worker" will be eligible for 8%
additional pay for the period assigned as Lead Worker. Lead Worker status shall be
noted on the employee's timesheet as Working Out-of-Class.
Section 10. Longevity Pay Program. An employee who completes five
consecutive years (60 consecutive months) of employment in a bargaining unit
position or positions, shall be paid $1 ,000. All longevity pay paid under this section
shall be paid in the first pay period in December.
If there is no separation in employment, the City shall pay the employee $1 ,000
each year thereafter until the employee completes 10 consecutive years (120
consecutive months) of continuous employment, after which anniversary the City
shall pay the employee $1 ,250.
The City shall pay the employee $1 ,250 each year thereafter until the employee
completes 15 consecutive years (180 consecutive months) of continuous
employment, after which anniversary the City shall pay the employee $1 ,500. The
City shall pay the employee $1,500 each year thereafter until the employee's
employment at the City ends for any reason.
2025-2028 Laborer's Contract Page 15
ARTICLE XII - DISCIPLINE AND DISCHARGE
Section 1. Discipline. Disciplinary action may include the following:
(a) Oral reprimand.
(b) Written reprimand.
(c) Demotion.
(d) Suspension.
(e) Discharge.
Disciplinary action may be imposed upon any employee for failing to fulfill their
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 abuse of sick leave, inefficiency, incompetence,
insubordination, misfeasance, malfeasance, the willful giving of false or confidential
information, the withholding of information with intent to deceive when making
application for employment willful violation of departmental rules or for political
activities forbidden by State law. Any disciplinary action imposed upon an employee
shall be protested only as a grievance through the regular grievance procedure.
Written reprimands shall not be kept in an employee's file longer than 12 months
unless there is a similar disciplinary problem during this time. Oral reprimands shall
not be protested through the grievance procedure.
If the Department Head or other supervisor has reason to discipline an employee,
they 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.
Section 2. Discharge. An employee having less than twelve (12) months
continuous service shall serve at the pleasure of the City. An employee having
continuous service in excess of twelve (12) months shall be discharged only for
cause. If the department head or other supervisor determines that there is cause for
discharge, they shall suspend the employee without pay for five (5) calendar days
and shall deliver to the employee and the Union a written notice of such suspension
and pending dismissal. Such notice shall specify the principal grounds for such
action. Unless otherwise resolved, the dismissal shall become effective at the end of
the five-day suspension. Protest of the discharge of any regular employee shall be
made only through the grievance procedure set forth in Article XIII. The Union may
process a grievance concerning suspension or discharge, or both, at Step 11 of the
grievance procedure.
ARTICLE XIII - SETTLEMENT OF DISPUTES
Section 1. Grievance and Arbitration Procedure. Any grievance or dispute which
may arise between the parties concerning the application, meaning or interpretation
2025-2028 Laborer's Contract Page 16
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 division head or supervisor within seventy-two (72) hours of its
occurrence, excluding Saturday and Sunday. Such employee may be accompanied
by the Steward if they so desire. The division head or supervisor shall then attempt
to adjust the matter within three (3) working days.
Step II. If the grievance has not been settled between the affected employee and
the division head or supervisor, it may be presented in writing by the Union
Business Manager or their designee to the Director of Public Works within seventy-
two (72) hours, excluding Saturday and Sunday, after the response specified in
Step I is due. The written notice shall include details of the grievance, the section of
this Agreement allegedly violated, and the specific remedy requested. The Director
of Public Works shall respond to the Union representative in writing within five (5)
working days after receipt thereof.
Step III. If the grievance still remains unadjusted, it may be presented by the
Union to the City Manager or their designee, within five (5)working days after the
Director of Public Works action. The City Manager or their designee shall respond in
writing to the Union within five (5) working days.
Step IV. If the grievance is still unsettled, either party may within ten (10) days of
the decision of the City Manager or their designee(s) under Step V 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 Oregon State
Conciliation Service 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 on 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 prehearing conference and
shall prepare a submission agreement regarding the specific issues in dispute. The
designated arbitrator shall hear both parties as soon as possible 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 them. Their decision shall be based solely upon their interpretation of
the meaning and application of the express language of the agreement. Expenses
for the arbitrator shall be borne equally by the City and the Union; however, each
party shall be responsible for compensating their 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 of all copies.
2025-2028 Laborer's Contract Page 17
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. If any
grievance is not answered by the City within the time limits specified above, such
grievance and the remedy requested shall be deemed granted.
Section 2. Stewards. Employees selected by the Union to act as Union
representatives shall be known as "Stewards" and shall not exceed four (4) in
number. To the extent possible, each steward should be from a different
division. The names of the employees selected as Stewards, and the names of
local Union representatives, state council or international representatives who may
represent employees, shall be certified in writing to the City by the Union. Duties
required by the Union of Stewards, accepting attendance at meetings with
supervisory personnel and aggrieved employees arising out of a grievance already
initiated by an employee under Section hereof, 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 working hours so as
not to disrupt regular City operations. Business agent or designee may place phone
calls to Steward during work hours, the Steward will return such calls while on
break or lunch and this practice will not be abused.
ARTICLE XIV- SENIORITY
Section 1. Seniority. Seniority shall be an employee's length of continuous service
with the bargaining unit, dating from their last date of hire, and shall apply by job
classification within their division in the matter of layoff, recall and vacation.
In the event of a layoff, such employee may exercise their seniority in a lower job
classification within any division they has previously worked. If the employer
determines that a layoff requires seniority to be bypassed in order to retain an
employee with a skill not possessed by others in the division, the employer shall
notify the union at least 10 working days prior to implementations The matter shall
be subject to the grievance procedure.
Seniority shall accrue separately for each division they work in. "Division" shall be
defined as:
Water Distribution
Water Treatment
Wastewater Collections
Wastewater Treatment Plant
Street Operations/Maintenance
Facilities
Cemetery
Fleet
2025-2028 Laborer's Contract Page 18
The employment relationship shall be broken or terminated if an employee (1) quits;
(2) is discharged for just cause; (3) is absent from work for two consecutive working
days without notification to the employee's supervisor by the employee; (4) is laid off
and fails to report to work within three days after being recalled; (5) is laid off from
work for any reason for 24 months, or for a period of time equal to their seniority,
whichever is shorter; (6) fails to report for work at the termination of a leave of
absence; (7) if while on a leave of absence for personal health reasons, accepts
other employment without permission; or (8) if they are retired.
Section 1.1 Suspension of Seniority. Seniority shall be retained but shall
not continue to accrue during (1) authorized sick leave or disability leave in
excess of ninety (90) calendar days; (2) educational leave requested by the
employee; (3) military leave for disciplinary reasons; (4) election to a full-time
paid Union office up to one (1) year, renewable upon application; (5) other
authorized leaves of absence up to ninety (90) calendar days; and (6)
promotion to a supervisory position outside of the bargaining unit for six (6)
months.
Section 1.2 Accrual of Seniority. Seniority shall continue to accrue during
(1) authorized sick leave or disability leave up to ninety (90) calendar days;
(2) vacation leave; (3) educational leave required by the City; (4) military
leave as specified in Article X; (5) bereavement leave; (6) holiday leave; (7)
jury duty; and (8) compensatory time off.
Section 2. 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 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
continuous probationary period of twelve (12) full months of work performed after
which they shall be considered a regular employee and granted seniority to the last
date of hire. 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 educational courses and
training programs and the request that such employees attend training programs on
their off-duty time. Termination of a probationary employee shall not be subject to
the grievance procedure under Article XIII.
Section 3. Promotional Probationary Period. Regular employees promoted into
a higher classification shall serve a continuous promotional probationary period of
twelve (12) months of work performed. The City may extend probation for six (6)
months. Any extension beyond eighteen (18) months would require mutual consent
2025-2028 Laborer's Contract Page 19
by the Union and the City. The Union also recognizes the right of the employer to
demote an employee on promotional probationary status to their previous position.
Demotion of an employee on promotional probationary status shall not be subject
to the grievance procedure under Article XIII.
Section 3.1. Voluntary Stepdown. Within the first 12 months of their official
promotion date, an employee may voluntarily stepdown to a lower
classification.
An employee who voluntarily steps down from a promotion will enter into
the job classification held by the employee taking over their now vacant
position. The employee stepping down will retain years of service for
purposes of calculating positional seniority equal to previous time spent in
their new (lower) classification.
The employee must remain in the new (lower) classification for at least one
year before consideration for future promotional opportunities.
Section 4. Promotional Opportunities. The City and the Union recognize that
promotions from within the divisions increase productivity and morale. The City and
the Union also recognize the affirmative action policy of the City that all job
opportunities shall be advertised both within and without the City service. At the
option of the City, promotional job opportunities may be advertised only within the
City. Any decision made by the City regarding this option is not grievable. If two or
more present employees who apply for the vacancy are equally qualified, seniority
shall govern. Subject to the requirements of Oregon's Veterans Preference in Public
Employment Act, if a present employee and an outside applicant are equally
qualified, the present employee shall receive the appointment. Employees who are
promoted shall not suffer a reduction in wages. The City shall be the judge of an
employee or applicant's qualifications.
Section 5. Recall From Layoff. Recall from layoff exceeding five (5) workdays
shall be by certified letter sent to the employee at their last known address furnished
to the City by the employee. Laid off employees are solely responsible for assuring
that the City has their current mailing addresses. The City may use any other
means to return an employee sooner.
Section 6. Temporary Employees. If any regular bargaining unit employees are
on a layoff status, temporary employees shall not be used to supplant the duties
previously performed by such regular employees, provided such regular employees
are qualified.
2025-2028 Laborer's Contract Page 20
ARTICLE XV- GENERAL PROVISIONS
Section 1. No Discrimination. The provisions of this Agreement shall be applied
equally to all employees in the bargaining unit without discrimination against an
employee's race, creed, color, sex, sexual orientation, gender identity, age, national
origin or disability. The Union shall share equally with the City the responsibility for
applying the provisions of this Section. All references to employees in this
Agreement designate all genders.
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 Union by reason of the
exercise of such right except as specifically provided herein. Nothing in this
Agreement shall be construed as precluding or limiting the right of an individual
employee to represent themself in individual personnel matters.
Section 2. Bulletin Boards. The City agrees to furnish and maintain a suitable
bulletin board in a convenient place in the work or assembly area to be used by the
Union. The Union shall limit its postings of Union notices and bulletins to such bulletin
board, which shall be used only for the following Union notices and bulletins:
a. Recreational 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.
Section 3. Visits by Union Representatives. Provided that any meetings with
employees do not interfere with the employer's operations, accredited
representatives of the District Council of Laborers and Laborers Union, Local #737,
upon reasonable and proper introduction, shall 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. The union agrees to provide adequate
advanced notice to City management so that work schedules can be adjusted to
ensure employee availability.
The City agrees to allow (1) hour of paid time per year for the entire bargaining unit
to meet. The union agrees to provide adequate advanced notice to City
management so that work schedules can be adjusted for employee attendance at
the annual union meeting. It is understood and agreed by both parties that no
overtime will be incurred or paid for the purpose of employee participation in the
annual meeting.
Upon delivery of a demand to open negotiations for a successor to this agreement,
2025-2028 Laborer's Contract Page 21
the City agrees to allow bargaining unit employees up to a total of three (3) hours of
time during the period of negotiations to meet with the union bargaining team for
contract discussion and review without loss of compensation.
Section 4. 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 and by Oregon law.
Section 5. Existina Conditions. Only such existing and future work rules and
benefits as are specifically covered by the terms of this Agreement shall be affected
by recognition of the Union and the execution of this Agreement. It is further agreed
that if modification of work rules or benefits covered by a specific provision of this
Agreement is proposed, any such modification shall be posted prominently on all
bulletin boards for a period of seven (7) consecutive days prior to implementation.
Section 6. Rules. It is jointly recognized that the City must retain broad authority to
fulfill and implement their 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 or is contrary to the provisions of Oregon State Law. All work rules
which have been, or shall be reduced to writing, will be furnished to the Union and to
affected employees.
Section 7. Other Employment. Outside employment shall be permitted only with
the express prior written approval of the City. Such written approval shall be
documented in the employee's Personnel File. The general principles to be followed
by the City in permitting or restricting such outside employment shall be:
1) The need for mentally and physically alert City employees;
2) Insulating employees from potential conflict of interest situations;
3) Maintaining efficiency unimpaired by other employment, particularly for those
City positions requiring employees to be available for duty 24 hours a day.
In the event the above principles are violated, the department head or City Manager
may revoke previously granted permission to hold outside employment.
Section 8. Supervisory Employees. It is understood that supervisory employees
shall not perform work within the jurisdiction of the Union except in the case of an
unforeseen 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 workload is
temporarily increased.
2025-2028 Laborer's Contract Page 22
Section 9. 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, maintained and cleaned by the City, if exposed to
chemical or biohazard that require special cleaning. Employees may be provided
with routine clothing items such as shirts, jackets or hats imprinted with the City's
logo for easy identification in the field; however, cleaning and maintenance of
routine clothing items shall be the responsibility of the employee unless special
cleaning is required as described above.
Lost articles or damage to articles due to negligence shall be reimbursed to the City
by the employee. The City shall provide a safe place for the storage of such articles.
Failure of an employee to wear such required uniform, protective clothing, or use
such protective devices as prescribed by the City shall be cause for disciplinary
action as set forth in Article XII hereof.
Section 9.1. Boot Allowance. Employees shall receive payment of $300
per contract year of this Agreement, ($900 total), toward the cost of the
purchase or repair of shoes, boots or protective footwear (including orthotics,
insoles, or weather-related footwear/gear).
Section 10. Response Time Requirement. All regular employees regularly
assigned to standby status shall establish their residence to enable them to report
for emergency duty within sixty (60) minutes of notification, including get ready time
and travel time. New employees shall establish their residency within a sixty (60)
minute response time within six (6) months of date of hire.
Section 11. Safety Committee. The City and Union will comply with all state and
federal laws on this subject.
Section 12. Training Opportunities. On-the-job training may be provided by the
City as time and the workload permit.
Section 13. Temporary Employees. Temporary employees shall not be used in
such a way as to negate the purpose and intent of ARTICLE XV- GENERAL
PROVISIONS Section 12. Training Opportunities relating to the operation of heavy
equipment.
ARTICLE XVI - HEALTH, WELFARE AND RETIREMENT
Section 1. The Employee Health Benefits Advisory Committee including one (1)
representative of Laborers Union shall meet annually for the purpose of reviewing
program performance and discussing health insurance benefits in order to inform
their members. The committee and the union shall be advised of any proposed
2025-2028 Laborer's Contract Page 23
changes to the insurance benefits plan.
Health benefits and other insurance will be provided to represented employees
under the same conditions and restrictions as provided to all other City employees.
Employees will have a choice between two health insurance plans: the base plan
that carries a $1 ,500 annual deductible and premium plan that carries a $500
annual deductible. Employees alone must pay the difference in premiums between
the base plan and the premium plan each month by payroll deduction to enroll
themselves and their eligible dependents in the premium plan. Coverage may be
adjusted or modified by the City Manager. Nothing in this agreement shall be
deemed a limitation on the annual plan benefit adjustments.
Employees may choose between two dental insurance plans: Willamette Dental
with Ortho and Delta Dental III with Ortho.
Section 2., The employee premium contribution shall be 10.0%. All employee
premium contributions shall be made monthly by payroll deduction.
As stated in Section 1., for enrollment in the premium plan, the City shall contribute
monthly the same sum of money as it contributes for the base plan and the
employee shall pay the balance of the premium each month by payroll deduction.
Section 3. HRA-VEBA. The City agrees to contribute monthly an amount equivalent
to 3.5% of salary for each member of the bargaining unit into an HRA-VEBA
program for the duration of the contract.
Section 4. Life Insurance. The City agrees to provide each member with life
insurance coverage: Employee ($10,000) with a matching Accidental Death and
Dismemberment (AD&D) policy; Dependent ($1,000) coverage. Members may
purchase additional voluntary coverage to supplement city-provided policies.
Section 5. Long Term Disability Insurance. The City agrees to provide long term
disability insurance for the employee only.
Section 6. Deferred Compensation. The City agrees to contribute up to $100.00
per month in matching funds per member enrolled in a City deferred compensation
program.
Section 7. Flexible Spending Account. Pre-tax flexible spending account options
for eligible health and dependent care expenses.
Section 8. Retirement. The City agrees to maintain the existing retirement plan and
to pay the employee's contribution of 6% for all employees governed by the
agreement.
2025-2028 Laborer's Contract Page 24
Section 9. Medical Coverage for Retirees. Upon retirement, employees
covered by this agreement shall receive a percentage of their unused sick
leave balance credited to their individual HRA/VEBA account. Credit will be
paid at the employee's wage rate at retirement in accordance with the
following schedule:
UNUSED SICK LEAVE HOURS PERCENTAGE OF CREDIT
100-399 30%
400-599 40%
600-960 50%
Employees must provide, to the City, 90 days' written notice of their intent to
retire to be eligible for this benefit.
No compensation for unused accrued sick leave shall be provided in an
employee is terminated for any other reason.
Section 10. Mercy Flights Membership - The City Agrees to pay the annual
premium for household membership in Mercy Flights for Air and Ground
Ambulance transportation services.
ARTICLE XVII - WORKER'S COMPENSATION
Section 1. 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.
Section 2. Supplementary Payment. Compensation paid by the City for a period
of sick leave also covered by worker's compensation time loss payments shall be
equal to the difference between such payments and the employee's regular pay
rate.
ARTICLE XVIII - LIABILITY INSURANCE
Section 1. Liability Insurance. The City shall purchase liability insurance to the
limits set forth in Oregon Tort Claims Act (ORS 30.260 - 30.300) 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.
2025-2028 Laborer's Contract Page 25
Section 2. Property Insurance. The City carries catastrophic coverage for property
losses, including to employee property, resulting from fire and other catastrophes.
In addition, the City will reimburse replacement costs (to the extent those costs are
not covered by other insurance) if all or most of a mechanic's personal work tools
are stolen from City property. To obtain reimbursement under this section, the
mechanic must maintain an accurate inventory of the tools which has been provided
to the City in advance of the theft, a crime report must be filed with the local police,
and the mechanic must not be in any way involved in the theft.
ARTICLE XIX - SAVINGS CLAUSE AND FUNDING
Section 1. Savings Clause Should any provision of this Agreement be declared
invalid by statute, competent judicial authority or by ruling of the Oregon
Employment Relations Board, all other provisions of this Agreement shall remain in
full force and effect for the duration of this Agreement. In this event, either or both
parties may, in writing, demand to bargain the subject of the invalidated
provision(s). Upon such demand by one party to the other, bargaining shall be
governed by ORS 243.698.
Section 2. Funding. The parties recognize that revenue needed to fund the wages
and benefits provided by this 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 has no intention of cutting
the wages and benefits specified in this 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.
2025-2028 Laborer's Contract Page 26
ARTICLE XX -TERMINATION AND REOPENING
This Agreement shall be effective July 1, 2025 and shall remain in full force and effect
until the 30th day of June 2028, and shall terminate all prior agreements and practices,
and concludes all collective bargaining during the term of this Agreement. It shall be
automatically renewed from year to year thereafter unless either party shall notify the
other in writing not later than 180 days prior to the expiration or subsequent anniversary
date that it wishes to modify the Agreement for any reason. Such notification shall
include the substance of the modification and the language with which such desired
modifications are to be expressed.
City of Ashland
By Sa6uKa(�- Date 08/07/2025
Sabrina Cotta, City Manager
L.i.U.N.A Local Union 737
Date 08/07/2025
By
Zack Culver, Business Manager
By KK Date 08/07/2025
Kevin Kennel, Business Agent
Oregon and Southern Idaho District Council of Laborers
By ,,,,,,,,,,,,,,,, , ; F, ,,,,;> ,,,,,77 7,;,,, Date 08/26/2025
,,,,,,,,,,,,,,,
JuaPP C�"ikz,�
Jeffery Gritz, Business Manager OSIDCL
2025-2028 Laborer's Contract Page 27
"Appendix A"
Job Classifications in the Bargaining Unit
Cemetery Sexton Mechanic
Senior Mechanic
Lube Technician
Meter Reader/Repair
Water Quality Technician
Facilities Maintenance Technician
Senior Facility Maintenance Technician
Wastewater Treatment Plant Operator I, 11, 111, IV
Utility Technician 1, 11, 111, IV
Water Treatment Plant Operator 1, 11, 111, IV
2025-2028 Laborer's Contract Page 28
"Appendix B"
Salary Schedule
City of As h1a nd
ULINA 737 Laborer Salary Schedule
Effective 7/1/2025
Updated as of W712025
stals-ur
'i PayGiaft �MBTffLE 12 mwths 1 2 3 4 5 6 7 8
300 H..dy $2&50 $25.23 $2599 ".77 $27.53 $28.41 $29.26 $30.1A
Ann,,.[ $50,G60.00 $52,478.40 $54,0511.20 $55,683.26 $57,366.40 $594,092.80 $60,&60.80 $82,6141.20
3'00Laborer LubeTe:hni:i.n
300 Laborer Willy Tea,ici.n 1
305 H..fly $26AS $V.25 1 $26.07 1 $28.92 1 $29.78 $30,67 1 $31.59 1 $32.5d
Annual $j,036 80 $56,880.00 $58,385.60 $60,143.32 $61,P42.40 $63,793.60 $85,707.20 $87,633.20
305 Laborer Utility Technician 11
310 114-fly $29.11 $MAS $30.88 $31.81 $32.76 $33.7A $3d.75 $35.79
Anni-1.1 $60,548.80 "2,358.40 $64-230.40 $66,157.65 $68,140.80 $70,179.20 $72,290.00 $74,443.270
3101-aborer Facility Maintenance Technician
310 Laborer Mec h.ni a 1
310 Laborer Ui i Ifty Tecrni ci an 111
310 Laborer Wat ei-Trew ir em Plant Op erator 1
310 Laborer M Treat-t Pi.,nt 0 p.r.1 a,1
315 H..dy $31.44 $3 3'35 $34.35 $35.-A $36.44 $37.53 $38.,66
Annual $65.3q5.20 $6T350.40 $6q.368.00 $71A50.26 $73.590.40 $75,795.20 $713.06240 $50Al2.60
315 Laborer Cemetery Sexton
315 Laborer Metier Reader/Repair Technician
31 51-aborer Senior F-Ity H-...n,,iechnieian
315 Laborer Seni or Mechan is
315 Laborer Wat ei-Treatir enI Plant Up erator 11
315 Laborer VMTremmernt Plant Operm.,11
320 H-Ey $t% 1 $34.97 $36.02 $37.10 $38.21 1 $39.36 14 $=
Annual 6.00 $72,737.80 $74,921.60 $77,166.28 1 $79,476.80 1 $81,863.80 FI $784,323.20
3201-aborer UlliftyTecrinicianiv
320 Laborer VMTremmernt Plant Opermoi III
320 Laborer WaterTreatirem Plant Operator III
325 Elaw..,1Ly $36,67 $37.77 $33.90 1 $40.0 7 1 $41.27 1 $42.51 $43.79 1 $45.10
Anni-13[ $76273.E0 $713.561.80 $130.912.00 I $83.339.58 1 $85.341.60 1 $53.420.80 1 $9%083.20 1 $93508.00
3t25L2b2E2E Water tyTeahnicia'
?,Laborer VV.�er mem Plant OperatorIV
3251-aborei VMT-Irrent Plant Operator IV
2025-2028 Laborer's Contract Page 29
"Appendix C"
Purposes for Sick Leave
Employees are entitled to use the City's sick leave benefit for the following
purposes. Reference to "family members" means an employee's spouse, biological,
adopted or foster parent or child, parent-in-law, grandparent, grandchild or a person
with whom the employee was or is in a relationship of in loco parentis, and any
other relationship identified in the City's Employee Handbook as a "family member"
for the purpose of using sick leave.
• For an employee's or family member's mental or physical illness, injury or
health condition or need for medical diagnosis of these conditions or need for
preventive medical care.
• To care for an infant or newly adopted child under 18, or for a newly placed
foster child under 18, or for a child over 18 if the child is incapable of self-care
because of mental or physical disability.
• To care for a family member with a serious health condition.
• To recover from or seek treatment for a serious health condition that renders
the employee unable to perform at least one of the essential functions of the
employee's job.
• To care for a child of the employee who is suffering from a non-serious
illness, injury or condition.
• To deal with the death of a family member by attending the funeral or
alternative, making arrangements necessitated by the death of a family
member, or grieving the death of a family member.
• To seek medical treatment, legal or law enforcement assistance, remedies to
ensure health and safety, or to obtain other services related to domestic
violence, sexual assault, harassment or stalking incidents to the employee or
employee's minor child or dependent.
• To donate sick time to another employee for qualifying purposes if the
employer has a policy allowing such donations.
• For certain public health emergencies including closure by a public official of
the employee's place of business, school or place of care of the employee's
child, or a determination by a public health authority or health care provider
that the presence of the employee or a family member presents a health risk
to others.
2025-2028 Laborer's Contract Page 30
"Appendix D"
Certification and Continuing Education Incentive
Section 1. Purpose
This Appendix outlines the incentives and conditions for employees covered by this
Agreement who obtain and maintain job-related certifications and complete approved
continuing education or training, in recognition of their contributions to operational
excellence and professional development.
Section 2. Maximum Incentive Cap
The combined total of all certification incentive pay, and continuing education incentive
pay shall not exceed $1.50 per hour. No employee shall receive more than this amount
in total incentive pay under this Article.
Section 3. Certification Incentive Pay
3.1 Eligibility
Employees who obtain and maintain approved certifications relevant to their current job
classification shall be eligible to receive certification incentive pay. Eligibility is subject to
the approval of the Division Supervisor and, where applicable, the Deputy Public Works
Director or Public Works Director. All certifications must be beneficial to the City and
directly related to the employee's assigned duties.
3.2 Incentive Tiers by Certification Area
Certification incentive pay shall be awarded based on the following schedules:
A. Water Distribution and Wastewater Collections (State of Oregon):
• Level 1 Certification — $0.75/hour
• Level 2 Certification — $1.00/hour
• Level 3 or 4 Certification — $1.25/hour
B. Water and Wastewater Treatment Plant Operators (State of Oregon):
• Level 1 or 2 Certification — $0.75/hour
• Level 3 or 4 Certification — $1.25/hour
C. Mechanics (ASE/EV Certifications):
• Two (2)ASE Certifications — $0.75/hour
• EV1 or Four (4)ASE Certifications — $1.00/hour
• EV2, EV3, or Six (6)ASE Certifications — $1.25/hour
2025-2028 Laborer's Contract Page 31
D. Other Public Works (Other Approved Certifications):
• Each approved certification — $0.75/hour
• Must be approved by both the Division Supervisor and Deputy
Public Works Director
Note: An employee may receive certification pay for a maximum of three (3)
certifications, not to exceed a total of $1.50/hour. Within each category, only the
highest applicable level of incentive shall apply. Certification incentives are not
cumulative within the same series.
Section 4. Continuing Education Requirements
4.1 Required Training for Certification Maintenance
Employees are responsible for maintaining their certifications, including completion of
continuing education hours (CEUs) required by the certifying agency (e.g., OHA, DEQ,
ASE). Failure to maintain certification shall result in the suspension or forfeiture of the
related incentive pay.
Employees must report certification renewals and provide documentation to their
Division Supervisor and Human Resources prior to the renewal.
Management reserves the right to request additional documentation if initial proof is
insufficient.
4.2 Annual Continuing Education for Non-Renewable Certifications
For certifications that do not require formal renewal, employees must complete eight (8)
hours of approved job-related training per year per $0.75/hour incentive in order to
retain eligibility for certification incentive pay.
Section 5. Voluntary Continuing Education Incentive Pay
In addition to the certification incentives, employees may receive continuing education
pay differentials for completing approved training hours beyond certification
requirements:
• Level 1: 8-15 hours annually — $0.75/hour
• Level 2: 16+ hours annually — $1.00/hour
5.1 Conditions
• All training must be pre-approved by the Division Supervisor.
• Training must be directly relevant to the employee's position.
• Pay differentials shall apply for the following fiscal year based on training
completed between July 1 and June 30.
2025-2028 Laborer's Contract Page 32
• Hours may not be carried over except where required for certification
maintenance (up to 20 hours per fiscal year).
5.2 Certification Expiration and Reinstatement
If a certification expires and is not renewed by the employee's renewal date, the related
certification incentive pay shall immediately cease. The employee shall not be eligible to
receive that certification's pay benefit again until July 1 of the following fiscal year,
and only if the certification is fully renewed and proof of renewal is submitted to their
Division Supervisor and Human Resources prior to that date.
Section 6. Documentation and Records
• Employees and supervisors are jointly responsible for tracking and documenting
certification and training hours.
• It is the responsibility of the employee that all documentation be submitted to
Human Resources by June 30 of each year to ensure continued eligibility for the
next fiscal year.
2025-2028 Laborer's Contract Page 33
Final Audit Report 2025-08-26
Created: 2025-08-07
By: Molly Taylor(molly.taylor@ashland.or.us)
Status: Signed
Transaction ID: CBJCHBCAABAA-rS Inn H6uOU2c3eXzsPz5PJcjWlunffC
"2025_2028 Laborers Contract FINAL" History
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