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2022-186 AGRMT Electric/AFN Local Union No. 659 IBEW
AGREEMENT BETWEEN THE CITY OF ASHLAND, OREGON ELECTRICAL DEPARTMENT AND ASHLAND FIBER NETWORK and LOCAL UNION NO 659 INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS July 1 , 2022 June 30, 2025 Table of Contents Preamble 1 Article I- Scope and Recognition 1 Article 11- Union Security and check-off 1 Article III- Management Rights 3 Article IV- Strike and Lockout Prohibition 3 Article V- Holidays 4 Article Vl- Vacations 4 Article V11- Hours of Work and overtime 6 Article VIl1- Sick Leave 7 Article IX- other Leaves of Absence 10 Article X- compensation 11 Article Xl- Discipline and Discharge 14 Article XII- Settlement of Disputes 14 Article X111- Seniority 16 Article XIV- General Provisions 17 Article XV- Classifications- Work Rules- Safety 13 Article XVI- Health, Welfare and Retirement 20 Article XVI I- Workers compensation 21 Article XVIII- Liability Insurance 21 Article XIX- Savings Clause and Funding 21 Article XX- Termination & Reopening 21 Appendix A- classifications within Bargaining Unit 23 Appendix B- 2022-2025 I BEW Electrical Salary Schedule 24 Appendix C- Certification Pay 26 Scope of Bargaining 27 AGREEMENT BETWEEN THE CITY OF ASHLAND, OREGON and LOCAL UNION NO,659 INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS PREAMBLE This Agreement made and entered into by the City of Ashland, Oregon, hereinafter referred to as the "City" and Local Union No.659 of the International Brotherhood of Electrical Workers, hereinafter 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 designees(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. ARTICLE I- SCOPE AND RECOGNITION 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. This agreement shall apply to all employees of the Electric Department and all employees of Ashland Fiber Network, City of Ashland, Oregon, as set forth in "Appendix A" but excluding clerical employees, confidential and supervisory employees, and 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 xlll hereof. Non-bargaining unit employees will not be employed in a temporary position for longer than , twelve months except by mutual agreement. However, if the temporary position is to continue for longer than six months, the City will notify the Union and upon request, will meet to discuss the situation and options. The parties agree as follows: ARTICLE Il- UNION SECURITY AND CHECK-OFF Section 1: Union Sec urit -Any employee covered by this Agreement may, at any time after hiring or transfer into the Bargaining Unit, apply to become a member of the Union, and may voluntarily sign a check-off authorization form, authorizing the City to deduct from their wages, and to remit to the Union, the normal and usual dues required by the Union's Constitution and Bylaws. In addition, any employee who chooses not to join the Union may agree to tender a fee to the Union and, by voluntarily signing a check-off authorization form, may authorize the City to deduct and remit to the 1 Union an amount in fees established by the Union, not to exceed the amount of monthly dues and fees required of"BA" members. The Union shall be the sole custodian of authorization forms. Each month, the Union shall provide to the City a list identifying the employees who have provided authorization for the City to make deductions from the employee's wages to day dues, fees and any other authorized deductions to the Union. The City shall rely on the list alone to deduct and forward payment to the Union. It is agreed there shall be no discrimination in favor of or against, any employee of the city on account of membership in the Union or failure or refusal to join the Union. Nor shall the City interfere in any way with the decision of any employee to join or not to join the Union. Section 2: Check-off- The city will, during the term of this Agreement, honor written individual check-off requests of regular employees in the Classifications covered by this Agreement, until such checkoff request is revoked by written notice directed the Union by registered mail. Such check- off request shall authorize the Union to direct the City to deduct current membership dues or fees. The city will in turn remit the dues or fees, so deducted, to the Union. The Financial Secretary of the Union will keep the City currently advised of the monthly dues and/or fee to be deducted from the wages of each employee who has filed awritten individual check- off request with the Union and the city. Section 3: Job Posting-The city will post all job openings on the City's website so the Union can remain informed whenever a bargaining unit job is posted. Such posting shall include a statement that clearly indicates that the posted job is represented by IBEW Local Union 659 with a link to the Collective Bargaining Agreement on the City's website. The City will also, whenever a bargaining unit job is awarded, provide to the Local Union; the name, contact information, pay rate, classification, hire date and date of new hire orientation of the person awarded the position. Section 4: New Em to ee Greet! - On the date of hire or shortly thereafter, the City will allow the Local Shop Steward and the Union Representative to meet each new employee on city premises and discuss the Union and its role. This meeting shall take place during work hours and be limited to no more than.sixty (60) minutes. It will be the responsibility of the Local Shop Steward to arrange meetings with new employees. Section 5: Consistent Re resentation- In the interest of maintaining fairness and consistency in representing the entire bargaining unit, the city shall notify the Union and an authorized Union p g g g Representative shall be present during the time of any adjustment for all matters regarding interpretation of the collective bargaining agreement, at any time a bargaining unit employee requests to be made whole of any perceived shortage due to them as it relates to wages, hours and working conditions and/or in matters of disciplinary action. Section 5: Reversal of Decision- In regards to the ending of fair share agreements required by Janus v. AFSCME, the Caw regarding such contributions change, the City agrees that it will upon written request from the Union, meet with the Union within 30 days after receipt to negotiate any appropriate changes. Such provisions, when negotiated, f otherwise legal, shall become effective on a date y on agreed u b the parties but in no event shall be retroactive beyond g p such date. Section ?: 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. 2 ARTICLE III- MANAGEMENT RIGHTS The Union recognizes the prerogative of the City to operate and manage its affairs in all respects in accordance with its responsibilities and the powers or authority which the City has not expressly abridged, delegated or modified by this Agreement are retained by the City. It is understood and agreed that the 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 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 job classifications. 9. To take all necessary action to carry out its mission in emergencies. 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 an strike work stoppage, or slowdown, picketing, or any other restriction of p p Y 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 unless such is sanctioned by the Southern Oregon Labor Council. 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 orb whether such subject matter is or is not subject to the grievance and arbitration provision of Y � this Agreement. Disci ling 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 3- There will be no lockout of ern to ees in the unit by the City as a consequence of any p Y dispute arising during the period of this Agreement. 3 ARTICLE V- HOLIDAYS Section 1: Recognized Holida s- The following shall be recognized as holidays: New Year's Day (January 1) Martin Luther King Day(3rd Monday in January) Washington's Birthday (3rd Monday in February) Memorial Day (last Monday in May) Juneteenth (June 19) Independence Day (4th of July) Labor Day (1 st Monday in September) Veteran's Day (November 11) Thanksgiving Day (4th Thursday in November) Day after Thanksgiving (4th Friday in November) Christmas Day (December 25th) 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 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 A presidential declaration or executive order for a 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 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 authorized vacation, sick leave, or other leave with pay when a holiday occurs such holiday shall not be charged against such authorized vacation, sick or other leave. Section : Halida Pa - Regular employees shall receive eight (8) hours of pay for each of the holidays listed above on which they perform no work. In order to be eligible for holiday pay when y immediately no work is performed, an employee must work on their last scheduled work day mmediately prior to a holiday and on their first scheduled work day immediately following the holiday, unless prior approval is granted, as in the case of illness or if the holiday falls within a vacation period. ARTICLE VI=VACATIONS Section 1: Eligibility 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<1 g S hours per pay period Y per per 10 hours a period 4 8 F i. "r `z Section 2: Continuous Service- continuous service, for the purpose of accumulating vacation leave shall be based on 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 from such absences or layoff shall be entitled to credit for service prior to the leave or layoff. Section 3: Use of Accrued Vacation Time- All requests to take vacation must be preapproved by a supervisor. Normally, approved vacation hours may be taken as time off as soon as they are p accrued. In December of each year, an employee can choose, however, to take equivalent pay for all or part of the employee's accrued vacation time, as detailed in Section 3.1 . Alternatively, unused accrued vacation time can be carried forward, as detailed in Section 3.2. Section 3.3 gives new employees an opportunity to make use of anticipated but not-yet-accrued vacation. Section 3.1- The employee may choose to cash out up to 25% of their annual vacation accrual. The pay will be included in the first paycheck in December. Section 3.2- Vacation time that is not used for time off or cashed out will carry forward'to the next year. Section 3.3: 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 six (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 six (6) months of employment, the employee's final pay check will be reduced by an amount equivalent to pay for the hours the employee took as paid vacation time off in excess of vacation 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: New hire is granted 60 hours of vacation at time of hire. They accrue five (5) hours of vacation per month. During month two (2) they use all 60 hours of vacation and resigns after four (4) months on the job. The city would deduct 26 hours from the employee's final pay check because only four (4) months of vacation accrual has been earned at the time of the employee's resignation. 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 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. Section 5: Schedulin - 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 head of the department's judgment as to the needs of efficient operations and the availability of vacation relief. Vacation tunes shall be selected on the basis of seniority; provided, however, such employee will be permitted to exercise their right of seniority only once annually. The vacation schedule shall be posted annually as of December 1 st, and employees shall exercise their choice by bidding in seniority. The list shall be closed as of December 31 , 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 employee, shall be in weekly units except by mutual consent of the parties. 5 Section 8= Payment on Terminationsw 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 Vll- HOURS OF WORK AND OVERTIME 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. Section 1: Hours of Work- To the extent consistent with operating requirements of the city, eight (8) hours shall constitute a regular days work, and five (5) consecutive days, beginning Monday and terminating Friday, shall constitute a regular week work, However, AFN employees may be scheduled by the City for a work week beginning on Tuesday and terminating on Saturday. Section Z: 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. Except for emergency situations and for the duration of the emergency, changes in work schedules shall be communicated seven (7) days prior to the effective date of the change. a. The normal hours of work for electric personnel (other than connect/disconnect and AFN personnel)will be between 7:00 a.m. and 3:30 p.m. with lunch break. With notice of at least thirty days, management can shift normal work hours within 1 hour either direction. b. By mutual agreement between the City and Union, a schedule of ten-hour days, four days per week, may be adopted. Either party may withdraw agreement to that schedule, in which case a five-day schedule will be reestablished. Section 8: 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. Section 4: Meal Periods- To the extent consistent with operating requirements of the respective departments, an uninterrupted, unpaid one-half(1/2) hour meal period shall be scheduled in the t middle of the work shift. f i Section 5: overtime Rates- All work performed outside of regularly scheduled hours or days as set forth in this Article shall be compensated at the rate of two (2) times the regular rate of pay. Section 8: Customer Response Shift CRS - Line Installers: CRS shall run 7 days a week Tuesday to Tuesday. Journeyman Line Installers will be assigned to the shift on a rotating basis and they may exchange or forgive a shift or part of a shift to another Journeyman. Any adjustments to the schedule are the responsibility of the employee assigned to cover the schedule. When forgiving a shift, the current overtime list should be considered. Each Journeyman assigned to the shift shall receive 2 hours of straight time pay for each days Monday, Tuesday, Wednesday and Thursday, 2.5 hours of straight time pay on Friday and 4 hours of straight time pay for each day Saturday, Sunday and holidays. (Total of 18.5 hours of straight time for a normal week.) 6 5 Telecommunication Technicians: CRS shall run from end of shift on Friday to beginning of shift on Monday, plus Holidays. Each Technician assigned to the shift shall be compensated one (1) hours straight time pay on Friday, two and a half (2.5) hours straight time pay for each day Saturday and Sunday, and four (4) hours straight time on Holidays. (Total of six (6) hours for a normal week.) If however, the City elects to initiate stand-by at 20% rate of pay, the CRS person shall receive the 20% stand-by rate for each day it is in place in lieu of CRS pay. overtime rates, including call out, will be in addition to this day rate. Employees on the Customer Response Shift will be provided with a communications device and a City vehicle; Telecommunications employees will be provided only a communication device. Employees on the CRS shall be paid from the time of a call out to the time they return home. Employees shall respond to calls as promptly as possible and are expected to be on site within 45 minutes of call out including "get ready" and travel time. With, management approval, employees may convert their CRS pay to comp time up to the applicable annual cap. 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 may be accumulated to a total of nine hundred sixty (960) 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: Utilization for Illness or In'u - Employees may utilize their allowance for sick leave when unable to perform their work duties by reason of illness or injury or for the illness or injury of a qualifying family member under applicable state or federal family medical leave laws. In such an event, the employee shall notify the department head or other supervisor of absence due to illness or injury, and the nature and expected length thereof, as soon as possible prior to the beginning of their scheduled regular work shift, unless unable to do so because of the serious nature of injury or illness. A physician's statement of the nature and identity of the illness (unless prohibited by ORS 653.625 section (3)(a)), 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 over three (3) consecutive work days prior to payment of any sick leave benefits or prior to allowing the employee to return to work. Section 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. In such instances, no charges will be made against accrued sick leave for the first ninety (90) calendar days. Section 4: Sick Leave Without Pa - 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. 7 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, for whatever reason, except as provided below and in Article XVl Section 3. Sick leave shall not accrue during any period of leave without pay. Beginning Jul 2020 Upon retirement, employees covered by this agreement shall receive a percentage of their unused sick leave balance credited to their individual HRAIVEBA 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% 40 0-599 40% 600--960 50% Employees must provide, to the City, six (6) months written notice of their intent to retire to be eligible for this benefit. No compensation for unused accrued sick leave shall be provided if an employee is terminated for any other reason. Section 6: Co m ensation For Not UsingSick Leave Employees within the bargaining unit may elect to receive 1/3 of their unused sick leave accrual (maximum of 32 hours) as cash on their first check in April. To be eligible for cash payout under this provision, empl paycheck must retain a Y p g minimum balance of 100 hours after the sick leave hours are cashed out if cash payment is not elected the unused portion of sick leave will be added to employee's cumulative sick leave balance. Employees who use 40 hours of sick leave or less in a calendar year regardless of their cumulative sick leave balance may elect to receive the full cash out as stated in 8.6 above in compliance with Senate Bill 454 which requires all employers to allow employees up to 40 hours of protected sick leave each year. Employees who use more than 40 hours of sick leave in a calendar year and whose sick , leave balance will drop below 100 hours after sick leave cash payout may elect to receive a cash out calculated as follows: ((Annual sick leave accrual minus sick leave hours used by employee) plus sick leave used by employee up to protected sick leave) multiplied by 1/3 equals balance that may be cashed out. S f F Examples of hove the payment for unused sick leave will be calculated if cumulative sick leave balance drops below 100 hours after cash payout, as required by the passage of Oregon Sick Leave law: New Calculations of Sick Leave 95 96 96 96 Cash Payout, As Changed by Oregon Sick Leave Law: Sick leave hours used by employee 100 30 10 152 if cumulative sick leave balance drops below 100 hours: All employees are entitled to use up 40 40 40 40 to 40 hours without impacting their sick leave incentive. Hours used up to 40/year are added 96-100 -4 + 96-30 05 96-10 = 86 96-152 = -56 back for the purpose of calculating 40 = + 30 = + 10 = + 40 the sick leave incentive: 3613 = 12 9613 = 32 9613 = 32 -16 l3 = -5.33 ........... Balance that can be cashed out 12 32 32 0 (Max 32): Section 7: Use for Family Illness- The City will grant leave for OLAIFMLA qualifying reasons consistent with state and federal law. Section 8; Purposes for Sick Leave- Employees are entitled to use the C ity'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 employees was or is in a relationship of in loco parentis, 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 preventative medical care. 0 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. 0 To care for a family member with a serious health condition. 0 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 g death of a family member. 9 3 5 S S S • 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 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. ARTICLE IX- OTHER LEAVES OF ABSENCE Section 1: Leaves of Absence Without Pa - Leaves of absence without pay not to exceed ninety (go) days may be granted upon request by the employee 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 and that additional expense will not result, including for a replacement. Requests for such leaves must be in writing and submitted to the Department Head 30 days prior to the requested leave date. The employee must utilize accrued vacation and compensatory time before applying for a leave of absence without pay. If the leave lasts two calendar weeks or more, the employee must pay the pro-rated premium for health insurance coverage. Any other payroll obligations of the employee will be deducted from the pay check for the next pay period or may be paid directly to the City. 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 work day. Section 3: A earances- 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 for such employee shall be reduced by an amount equal to any compensation they may receive as witness fees. Section 4: Regaired 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 employees headquarters. Section 5; Union Business- Employees elected or appointed 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 employees, be granted a leave of absence of up to thirty (30) days without pay. Section 5: 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 enrollment in educational courses directly related to employment at an accredited school or course of study. The period of such leave of absence shall f 10 f f.: 1 f S not exceed one (1) year, but may be renewed or extended upon request of the employee and approval by the department head. one (1) 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 conference 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 department head. Section 7: Milita Leave- Military leave shall be granted in accordance with ORS 408.290. Section 8: Bereavement Leave- In addition to regular sick leave, an employee may be granted three (3) days bereavement leave with regular pay in the event of death of a family member of the employee. For the purpose of this benefit, the term "family member" shall include the employee's spouse, biological, adopted, step or foster parent or child, sibling, parent-in-law, sibling-in-law, grandparent and grandparent-in-law. The employee will be paid his or her regular hourly rate for any such days of excused absence which occur only during their assigned- workweek. No pay shall be granted if the employee does not attend the memorial service. An additional two (2) days leave may be granted if the memorial service is over 480 miles from Ashland. The City will grant additional paid or unpaid bereavement leave consistent with state and federal laws. (E.g., OFLA/FMLA or Oregon Sick Leave). Section 9: 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 deemed 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. ARTICLE X- COMPENSATION r.ww�WrWrrrrrnninniinnnnirrrWrrruiririrlll.I III11111111111111.1Winrumnnnoi. --wrrr.r..wrWw.. Section 1: Pay Schedule- Employees shall be compensated in accordance with the Y a schedule pay 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. That process shall be governed b the mid- . . g Y terra bargaining process stated in ORS 243.698. The a schedule in "A endix B" shall reflect the following increases: +� Effective retro to July 1, 2022, there will be a 2% spot increase applied to the Line Installer rate. The rate for Meter Relay Tech will be at 1090 /o of Line Installers rate. Lead Working Lineman rate will beat 111% of Line Installers rate. General Foreman-rate will beat 116% of Line Installers rate. Electrician and Electric Meter Repairer rates will be at 100% of Line Installer rate. In addition, the wage schedule will be ad! Y positions b 4% for all in the bargaining g g unit.n t. Effective July 1, 2023, the wage schedule will be adjusted by 4°/for all positions in the bargaining unit. 11 3 5 ® Effective July 1, 2024, the wage schedule will be adjusted by 3%for all positions in the bargaining unit. Section 2: 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 outside of the regularly scheduled workweek or work day, but in no event shall such compensation be received twice for the same hours. All overtime shall be recorded by the employee and must be approved by the department head or supervisor. Scheduled overtime, time annexed to the beginning of the work shift, or hold-over times annexed to the end of the work shift, shall be considered overtime and shall not be considered call-back time. 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. More than one call-back is permissible within the call-back period. Employees required to work over the initial call-back period, where more than one call-back is handled, will be paid at the overtime rate to nearest one-half(1/2) hour. a. Employees called for duty less than four(4) hours before the beginning of their regular work day shall be paid at the established overtime rate from the time they are called until the beginning of their regular work day. Regular working hours following shall be at the straight time rate. Section 4: Rest Time: Employees are eligible for rest time only when working four (4) or more hours between regularly scheduled work shifts. on the day before the employee's regular shift, the eligibility window begins at the employee's regular shift ending time, Definition: Rest time is defined as hours earned during the eight (8) hours immediately preceding the beginning of the regularly scheduled shift and taken during the employee's regularly scheduled shift that day at the straight time rate. Rest time is earned at the rate of one (1) hour for every hour worked in the eight (8) hour period immediately preceding the beginning of the employee's regular scheduled shift. All paid time in the eight (8) hour period immediately preceding the beginning of the employee's regular shift will be used to calculate rest time. Utilization: if an employee earns two (2) hours or less rest time, and elects to take the rest time at the beginning of the shift, the rest time hours will start at the beginning of the shift and will run consecutively until exhausted at which time the employee will report to work and work at the straight time rate for the remainder of the shift. If the employee has earned more than two (2) hours of rest time and elects to take rest time at the beginning of the shift, the rest time hours will start at the beginning of the shift and run consecutively until exhausted. If any hours remain in the scheduled shift, the employee can elect to work at the straight time rates or use vacation or comp time to complete the shift. If the employee elects to take the rest time at the end of the shift, their work shift will start at g the regular time and the employee will work at the straight time rate until rest time is due. Any hours worked when rest time is due, the employee shall receive straight time for the hours worked in addition to rest time at the straight time rate. 12 s; Section 5: 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. Section 6: Standby Pay- Electric Department employees and Telecommunication Technicians will be paid at the rate of twenty percent (20%) of the employee's straight time rate of pay to be work ready. In addition to standby pay, employees shall receive the applicable overtime rate of pay for all time worked when called in from standby. The number of hours in a standby period will be predetermined and the employee so advised in advance of standby duty. The City may maintain a call list, which shall not in itself entitle an employee to standby pay. With, Management approval, employees may convert their standby pay to comp time up to the applicable annual cap. Section ?: 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 rate established annually by the IRS per mile for the use of such automobile directly in the line of duty. Section 8: Travel Expense- when employees attend out of town training programs or conferences, reimbursement for travel and meal expense will be in accordance with City policy. Section 9: Meals During-Extra Work Periods- a. Emergency overtime and Call-out- Breakfast and lunch shall be provided at reasonable City expense when employees are called out on emergency overtime before regular work hours and did not have time to eat breakfast and prepare a lunch. Employees not released from a call out prior to six (6:00) a.m. shall be considered as not having time to eat breakfast and/or prepare lunch. Meals shall be provided by the City during normal meal times if an employee is called out to work after hours, on Saturday, Sunday and holidays and employee is required to work four (4) hours or more. Meals will be reimbursed to employee at $15.00 per occurrence and submitted to payroll by marking the appropriate box on timesheet. b. Work Beyond Regular Work Shift- Employees required to work two (2) hours or more beyond their regular work hours shall be provided a meal at City expense. If work continues after the meal has been provided, employees shall be entitled to meals at four (4) hour intervals t thereafter. c. Prearranged Work Shift- when an employee is notified by the end of the preceding regular work shift and is required to report to work less than two (2) hours before regular work hours, the employee shall not be provided a breakfast or lunch. If an employee is required to report for work two (2) or more hours before regular work hours the City will provide breakfast, and the employee will be responsible for lunch. d. Regular Work Hours- Regular work hours are the hours that the employee normally works during the week, which may include Saturday, Sunday and holidays, as outlined in Article 7, Section 1 of this Agreement. 13 5 5 1 Section 10: Compensatory Time- overtime for hours actually worked (excluding standby time 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. The employee may request compensatory time off by submitting a request in writing at least 48 hours in advance of the requested time. No employee shall exceed more than eighty (80) hours of compensatory time in an annual period. If an employee uses their compensatory hours, they can accrue hours to build back up to eighty (80) hours. Compensatory time shall be accrued on an annual basis from December 1 to November 30. Compensatory hours can be compensated as pay of the first pay period in December, or the employee can roil a maximum of forty (40) hours over to the upcoming year. Section 11: Lon evit Pay- Upon five (5) years of a full-time regular employee anniversary date, they will receive a $1000 annual bonus each year. Upon ten (10) years of a full-tune regular employee anniversary date, they will receive a$1250 annual bonus each year. Upon 15 year of a full-time regular employee anniversary date, they will receive a $1500 annual bonus each year. Anniversary bonuses to be distributed on the first pay check in December. ARTICLE Xl- DISCIPLINE AND DISCHARGE Section 1: Disci line- Disciplinary action may include the following: a. written reprimand b. Demotion c. Suspension d. Discharge Disciplinary action may be unposed 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, inefficiency, incompetence, insubordination, 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 activities forbidden by State law. Any disciplinary action imposed upon an employee shall be protested only as a grievance through the regular grievance procedure. Section 2:,.Discharge ,- An employee having less than six (6) months of continuous service shall serve at the pleasure of the City. An employee having continuous service in excess of six (6) months shall be discharged only for cause. If the department head or other supervisor determines that there is cause for discharge, they shall deliver to the employee and the Union a written notice of the employee's right to a pre-discipline hearing. Such notice shall specify the principal grounds for such action. Protest of the discharge of any employee shall be made only through the grievance procedure set forth in Article XII. The Union may process a grievance concerning suspension or discharge, or both, at Step Il of the grievance procedure. ARTICLE X11- 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 of this Agreement, shall be settled in the following manner: 14 f STEP I- The affected employee shall take up the grievance or dispute with the employee's supervisor within seventy-two (72) hours of its occurrence, excluding Saturday and Sunday. The supervisor shall then attempt to adjust the matter within three (3) working days. STEP 11- If the grievance has not been settled between the affected employee and the supervisor, it may be presented in writing by the Union to the Director of Electric Utilities 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 Electric Utilities 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 of the city or their designees), within seven (7) days after the response specified in Step 11 is due. The city Manager or their designee(s) 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 after the reply of the city Manager is due, by written notice to the other, request arbitration of the dispute under Section V herein. STEP V- 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 IV 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 American Arbitration Association or other mutually agreed organization 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 and 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 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 issues) presented to him or her. 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 its own representatives and witnesses. If either party desires a verbatim recording of the p proceedings, it may cause such a record to be made, provided t pays for the record. If the i other art desires a copy both parties shall jointly share the cost of the transcript and all party copies. If an grievance is not resented or forwarded by the employee or Union within the time any p 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 shall be deemed granted. Section : Stewards- The Union may select an employee who shall be known as the steward, The name of the employee selected as steward, 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 of a steward, excepting attendance at meetings with supervisory personnel and aggrieved employees arising out of a grievance already initiated by an employee under Section 1 15 hereof, shall not interfere with this or other employees' regular work assignments as employees of the City. Contacts between the steward and employees or the Union shall be made outside of working hours so as not to disrupt-regular City operations. ARTICLE XIII- SENIORITY Section 1: Seniorit - 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 in matter of layoff, recall and vacation. in the event of a layoff, such employee may exercise their seniority in a lower job classification within the Department. Recall from layoff shall be in the reverse order of seniority. The City reserves the right to lay off out of the order of seniority if, in the City's judgment, retention of special job skills is required. Seniority shall continue to accrue during (1) authorized sick leave or disability leave up to ninety (90) calendar days; (2) vacation leave; (3) authorized compensatory time off; (4) educational leave required by the City; (5) military leave as specified in Article IX, Section 8; (6) bereavement leave; (7) jury duty; and (8) promotion to a supervisory position outside of the bargaining unit for two (2) years. Section 2: Susl2ension of Senior it 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 fulltime paid Union office up to one (1) year, renewable upon application; and (5) other authorized leaves of absence of up to ninety (90) calendar days. Section 3: Termination of Seniorit Seniority and 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 three (3) consecutive working days without notification to the City; (4) is laid off and fails to report to work within three (3) days after being recalled; (5) is laid off from work for any reason for twenty- four (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 4: Probations 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 probationary period of six (6) full months 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-jab training, cross training in other classifications, and assignment to educational courses and training programs, the requirement that such employees attend training programs on their off-duty time for which they will be compensated on a straight-time basis by the granting of compensatory time off. Termination of a probationary employee shall not be subject to the grievance procedure under Article XII. Section 5: Promotional Probations Period- Regular employees promoted into a higher classification shall serve a promotional probationary of six (6) full months. The Union also recognizes the right of the employer to demote an employee on promotional probationary status to highest previous position. Demotion of an employee on promotional probationary status shall not be subject to the grievance procedure under Article X11. It is the intent of this Agreement that 16 5 F promotional opportunities shall first be extended to employees within each department. Provided such employees are qualified to perform the work in question. To this end, promotional opportunities shall be posted for ten (10) working days before the job is filled by a new employee. The City shall be under no obligation to train an employee to become qualified, but shall give preference to present employees who are qualified and apply for such job opening. The City shall be the judge of an employee's qualifications and ability. In the event two or more applicants for a job opening are equally qualified, seniority shall prevail. Section 8: La off and Recall- Recall from layoff exceeding five (5)work days shall be by certified mail sent to the employee at their last known address furnished to the City by the employee. Laid off employees are solely responsible to assure that the City has their current mailing addresses. The City may use any other means to return an employee sooner. ARTICLE XlV- GENERAL PROVISIONS Section 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, sex, gender identity, sexual orientation, marital status, age, national origin or disability. The Union shall share equally with the City the responsibility for applying the provisions of this section. 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 specifically provided herein. Nothing in this Agreement shall be construed as precluding or limiting the right of an individual employee to represent themselves 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 of assembly area to be used by the Union. The Union shall limit its postings of Union notices and bulletins of 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 f Section 3: Visits by Union Re resentatives- The City agrees that accredited representatives of the International Brotherhood of Electrical Workers, Local Union 559, upon reasonable prior notice to the Director of Electrical Utilities, may have reasonable access to the premises of the City at f any time during working hours for the purpose of the activities permitted in ORS 243.804. 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. d Section 5: Existin conditions- Only such existing and future working rules and benefits as are specifically covered by the terms of this Agreement shall be affected by recognition of the Union and execution of this Agreement. It is further agreed that if modification of work rules or benefits r covered by a specific provision of this Agreement is proposed any such modification shall be posted r prominently on all bulletin boards for a period of seven (7)consecutive days prior to implementation. 17 s Section 8: other Employment-outside employment shall be permitted only with the express prior written approval of the City which may at any time, upon reasonable grounds, revoke permission to hold such outside employment. The general principles to be followed by the City in permitting or restricting such outside employment shall be: a. The need for mentally and physically alert electric utility employees. b. Insulating employees from potential conflict of interest situations. c. Maintaining efficiency unimpaired by other employment, recognizing the nature of the job requiring electric utility employees to be available for emergency duty twenty-four(24) hours a day. Section 7: Supervisor 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, such as a customer outage when life or property is endangered, and the complementary 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, or for purposes of instruction or training. Section 8: uniforms Protective Clothin 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. Replacements shall be provided by the City upon surrender of the article, at no cost to the employee, reasonable wear excepted. In the first month of the start of this agreement, the City shall pay $900 to each bargaining unit employee for the employee to purchase or repair of protective footwear, such as steel-toe boots. Lost articles or damage to articles due to negligence shall be reimbursed to the City by the employee. The City shall also pay new hires in the bargaining unit $900 for the same purchase. 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 boots, or use such protective device as prescribed by the City shall be cause for disciplinary action as set forth in Article XI hereof. Note: The Internal Revenue Service characterizes such allowances to employees for clothing and footwear as taxable. Accordingly, the City must report the value of this benefit to it. Section 9: Response Time Requirement- All new regular employees shall establish their residence within twelve months employment, to within thirty (30) miles of the Service Center(90 N Mountain Avenue). The response time radius of thirty (30) miles is for the purpose of enabling a prompt response when called for emergency duty. ARTICLE XV- CLASSIFICATIONS- WORK RULES— SAFETY } Section 1: Classifications and Des cri tions- The general classifications of labor which shall be recognized throughout this Agreement, shall be those set forth in "Appendix A'. other Classifications may be added as the need arises by mutual agreement between the parties. 3! Section : Work Rules- The following work rules shall apply to the general classifications listed below. a. On jobs having a Lead Working Line Installer, workers are not to take orders, directions, or accept the layout of any job from anyone, except such Lead Working Line Installer. If such Lead Working Line Installer is required to be absent from the job for an extended period of time, a replacement shall be designated by the City. 18 4 C 5 f 5 S b. All work on transformers in the field (except testing) shall be done by Line Installers. Shop repairs on transformers may be done by other qualified personnel. c. Switching of circuits outside substations shall be done by Line Installers. Switching of circuits inside substations shall be done by Meter Relay Technician or Line Installers. d. Installation and maintenance of all direct burial underground electrical circuits, both primary and secondary, and of outdoor pad mounted transformers used in this type of installation, shall be done by regular line crews. e. All framing and erecting of poles or towers and stringing of wire, shall be done by Line Installers, assisted by Ground persons and Line Truck operators when required. f. Stubbing of poles may be done by Ground persons, under the supervision of a Line Installer. g. Employees, while working on transmission line structures or other towers at a height of seventy-five (75)feet or more above ground or its equivalent, such as a building roof, shall receive one (1) hour's additional pay at regular straight time for each hour worked at such height. This shall not apply to the erection of new steel towers or to the original installation of hardware and conductor on transmission lines prior to energization. h. Employees relieved from duty because of weather conditions shall be paid until returned to headquarters. If an employee does not return to headquarters, they shall be paid only for time worked. If employees report for work on a regular shift and it is mutually agreed between the supervisor and the crew Lead Working Line Installer that weather conditions are such that they cannot work, they shall be paid for one (1) hour at the straight time rate. When such is deemed to be in the public interest, crews may be requested to work regardless of weather conditions. Time not worked because of adverse weather conditions shall not affect vacation or sick leave accrual. i. Apprentices shall be indentured under the Oregon State Law and Plan of Apprenticeship to pP P learn the trade under the direct supervision of a line installer. An apprentice shall be given the opportunity upon the successful completion of three (3) years' experience to qualify themselves as a line installer by written examination. Upon so the shall be qualifying, Y reclassified to line installer status. Section 3: Safety Rules- Electrical workers Safety Rules as promulgated by g the Oregon State Workmen's Compensation Board, and as amended from time to time, are hereby adopted and incorporated as a part of this Agreement as is fully set forth herein, and routine safety meetings shall be continued. a. When working on live lines over 750 volts phase to phase, it shall be the practice to have a Line Installer assisting each Line Installer on such lines. b. No worker shall be required to work on energized lines exceeding 5,099 volts unless it is done by qualified Line Installers using approved tools of the "hot stick" variety. Y C. In the interest of safety and in order to ensure continuity of electric service, the employee shall promptly report any unsafe conditions noted in connection with the City's facilities. 19 ARTICLE XVI- HEALTH WELFARE AND RETIREMENT Section 1: Health and Welfare- The City and employees agree on the following cost-share arrangement for health benefits: Beginning January 1, 2023 employees agree to pay '10% and the City will pay 90% on the base plan health care premiums CIS Copay H. There is a $1500 deductible or a buy up plan with a $500 deductible CIS copay F with the difference being the responsibility of the employee. Willamette Dental with ortho or Delta Dental III with Crtho. Section 2- The Employee Health Benefits Advisory Committee shall be repo rposed as a Labor Management Committee and shall include (1) representative of the IBEW Electrical Union, The Committee shall meet at least once per year for the purpose of discussing City wide issues including health insurance benefits along with other items. The City agrees to continue providing the following additional fringe benefits: (a) Life Insurance- employee ($20,000 with AD&D) and dependent coverage ($1 5000). (b) Long Term Disability Insurance- employee only. (c) City paid reimbursement for physical fitness as described in the City of Ashland Wellness Program. Note: The dollar value of this benefit is taxable; it is reported on Form W-2. In the event that any of these programs change or are updated, the City agrees to provide the IBEW written notice of the change with as much advance notice as possible, and an opportunity to negotiate the impact of the change. Section 3: Retirement- a) 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. in accordance with statute, for qualified retiring PERS members, the City will report the sum of accrued but unused sick leave to PERS. b} Pursuant to ORS 238A.355 the City will assume, pick-up and pay the employee contribution required by PERS for all employees covered by this Agreement at a uniform rate of 0%. Employees may also elect to make additional employee contributions to their IAP account, in the amount equal to the amount credited to the employee pension stability account, under ORS 238A.355 this additional contribution may not be paid by the City. Section 4: Medical Coverage for Retirees-Any employee hired prior to July 1, 2005, and retiring during the term of this contract with twenty(20) or more years of full-time service with the City, shall be eligible for a one time contribution into their HRAIVEBA account in the amount of $3,612.00 ($80.201month for 5 years) to assist with healthcare costs in retirement. Section 5: Deferred Compensation- The City agrees to contribute up to $50.00 per month in matching funds per member enrolled in a City deferred compensation program (currently lCMA or INC). This program is at the option of the member and contingent upon a minimum $15.00 per month contribution paid by the member. Section 5: Merc FII hts-The City agrees to pay the premium for household membership in Mercy Flights for Air Ambulance transportation service. Employees shall have the option to upgrade his 20 S: S: F 3: 7:: or her membership to the Combined Air and Ground Ambulance membership by paying the additional amount by payroll deduction. Note: The dollar value of this benefit is taxable; it is reported on Form W-2. Section ?: HRAfVEBA- The City agrees to contribute three (3%) percent of salary into the Health Reimbursement Arrangement/Voluntary Employee's Beneficiary Association (HRANEBA) monthly. ARTICLE XVII- WORKERS 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 Pa 'Went- Compensation paid by the City for a period of sick leave also covered by Worker's Compensation shall be equal to the difference between the Workers Compensation pay for lost time and the employee's regular pay rate. ARTICLE XVIII- LIABILITY INSURANCE The City shall purchase liability insurance as permitted by ORS 30.282 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 premium for such insurance shall by paid by the City. ARTICLE XIX- SAVINGS CLAUSE AND FUNDING Section 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 this Agreement. Such bargaining shall be conducted according to ORS 243.69819 Section 2: Fund ln The parties recognize that revenue needed to fund the wages and benefits provided by the Agreement must be approved annually by established budget procedures and, in certain circumstances, by vote of the citizens of the City. All such wages and benefits are therefore contingent upon sources of revenue and, where applicable, annual voter budget approval. The City 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 request or voter approval thereof, ARTICLE XX� TERMINATION & REOPENING This Agreement shall be effective as of the 1st day of July, 2022 and shall remain in full force and effect until the 30th day of June, 2025 and shall terminate all prior Agreements and practices and concludes all collective bargaining during the term of this Agreement, provided however that: This Agreement 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 this Agreement for any reason. Such notification shall 21 f. of the modification and the language with which such desired modifications include the substance are to be expressed,, In the event that such notice is given, negotiations shall begin not later than effect during sixtydays after said noitce. "his Agreement shall remain in full force and e u g the period of negotiations. City of Ashland, Oregon ©oeuftned by: Jvjef� t.. Lei soxeL By; 12CBCCFCAC094A5... Joe Lessard, City Manager Date: 8/26/2022, APPROVED: Ashland City council DocuSigned by: �SSs, W" By: AO2A MEU2482... Date: 8/26/2022 International Brotherhood of Electrical Workers, Local Union 659 By: Jon Flegel, B siness Manager WOE. Date: APPROVED INTERNATIONAL OFFICE•IREM. 912112022 Lonnie R.Stephenson,Int'1 President This approvaI does not make the Internatlonalapartyto this agreement 22 S 3: 2:: "APPENDIX A"- CLASSIFICATIONS WITHIN BARGAINING UNIT General Foreman 116% Lead Working Line Installer 111% Meter Relay Technician 109% Line Installer Line Installer/Service Person Apprentice Line Installer .Electrician 100% Line Truck operator Electric Meter Repairer 100% Electric Warehouse Person Lead Telecommunications Technician Telecommunications Technician Groundperson Connect-Disconnect Meter Reader Mapping Specialist Communications/Head-End Technician Tree Trimmer Foreman Tree Trimmer/Arborist Tree Trimmer S' G 23 f:. "APPENDIX B"- 2022 to 2025 IBEW ELECTRICAL SALARY SCHEDULE Position Current 711/2022 2% 7/112022 7/1/2023 7/112024 Wage Spot Increase Hourly for Journeyman 4% 4% 3% General Foreman (116% of Line Installer $59.0751 $61.3138 $63.7663 $66.3170 $68.3065 Rate) Lead Working Line Installer(111%of Line $57.5205 $58.6709 $61.0178 $63.4585 $65.3622 Installer Rate) Meter Relay Technician (109% of Line $56.4841 $57.6138 $59.9184 $62.3151 $64.1845 Installer Rate) Line Installer/Serviceman $51.8203 $52.8567 $54.9710 $57.1698 $58.8849 Line Installer $51.8203 $52.8567 $54.9710 $57,1698 $58.8849 Apprentice Line Installer 1st 6 months(70%of Line Installer Rate) $36.2742 $36.9997 $38.4797 $40,0189 $41.2194 216 months(73%of Line Installer Rate) $37.8288 $38.5854 $40.1288 $41.7339 $42.9860 3'6 months(76%of Line Installer Rate) $39.3834 $40.1711 $41.7779 $43.4490 $44.7525 4th 6 months(80%of Line installer Rate) $41.4562 $42.2853 $43.9767 $45.7358 $47.1079 51'6 months(84%of Line Installer Rate) $43.5290 $44.3996 $46.1756 $48.0226 $49.4633 6116 months(90%of Line Installer Rate) $46.6383 $47.5711 $49.4739 $51.4529 $52.9965 Electrician(1)(100%of Line Installer Rate) $51.8203 $52.8567 $54.9710 $57.1698 $58.8849 Electric Meter Repairer (100% of Line $51.8203 $52.8567 $54.9710 $57.1698 $58.8849 Installer Rate) Line Truck Driver $38.6523 $40.1984 $41.8063 $43.0605 Tree Trimmer $41.1442 $41.9671 $43.6458 $45.3916 $46.7533 Tree Trimmer/Arborist $44.4274 $45.3159 $47.1286 $49.0137 $50.4841 Tree Trimmer Foreman $47,7106 $48.6648 $50.6114 $52.6359 $54.2149 Connect-Disconnect(2) $35.0256 $36.4266 $37.8837 $39.0202 Electric Warehouse Person $35.0256 $36.4266 $37.8837 $39.0202 LD Telecommunications Technician(3) $32.9187 $34.2354 $35.6049 $36.6730 Groundperson,Meter Reader,Connect-Disconnect 1`6 months $15.5564 $16.1787 $16.8258 $17.3306 211d 6 months $20.0418 $20.8435 $21.6772 $22.3275 31d fi months $24.4399 $25.4175 $26.4342 $27.2272 0'6 months $28.8414 $29.9951 $31.1949 $32.1307 Thereafter $33.2505 $34.5805 $35.9637 $37.0427 Telecommunications Technician(3) 15t 6 months $14.6678 $15.2545 $15.8647 $16.3406 2nd 6 months $18.8971 $19,6530 $20.4391 $21.0523 3`d 6 months $23.0366 $23.9581 $24.9164 $25.6639 41 6 months $27.1939 $28,2817 $29.4129 $30.2953 Thereafter $31.3512 $32.6052 $33.9095 $34.9267 24 Mapping Specialist 1st 6 months $28.1659 $29.2925 $30.4642 $31.3782 Next 12 Months $29.7675 $30.9582 $32.1965 $33.1624 Next 12 Months $31.3871 $32.6426 $33.9483 $34.9667 Next 12 Months $33.0250 $34.3460 $35.7198 $36.7914 Thereafter $34.6808 $36.0680 $37.5108 $38.6361 Communications/Head-End Technician(3) 1st 6 months $34.5338 $35.9152 $37.3518 $38.4723 Next 12 Months $35.8936 $37.3293 $38,8225 $39.9872 Next 12 Months $37.3430 $38.8367 $40.3902 $41.6019 Thereafter $38.8280 $40.3811 $41.9964 $43.2563 PLEASE NOTE: Hourly rates are accurate to 4 decimal places. Monthly figures are approximate, actual earnings may vary. Ei L i p 1 S F p% S G S 25 "APPENDIX C"- CERTIFICATION PAY Upon request of the City for an employee to be certified and maintain certification. Maximum increase of 5% per employee 1) Supervisory Electricians License increased by 2.5% and/or Electrical Inspectors License increased by 2.5%. 2) Connect-Disconnect to be increased by 2.5% for duties primarily centered around meter reading devices. 3) Telecommunication Technicians trained in fiber splicing shall receive a 5% increase when performing work involving splicing of Fiber optics, minimum time for upgrade will be four (4) hours. 4) 2.5% increase for Line installers for a Line Clearance Arborist Certification. 5) 2.5% increase for employees for an ISA Certified Arborist. 5} 2.5% increase for employees for a Crane Certification. 7 2.5% increase for employees for certifications identified by our Wildfire Litigation program. 8) 2.5% increase for Journeymen for a Substation Tech Certification* g 2.5% increase for Deter Relay Journeymen for state of Oregon Electrical License, IBEW Journeymen Lineman, IBEW Substation Tech. 10 2.5% increase for Electricians or Meter Relay Tech with state of Oregon CDL. 11 2.5% increase for completion of NWPPA operations Line worker and Substation in series courses. 12 2.5% increase for Warehouseman for completion of NWPPA operation supply chain coarse. 13) 2.5% for Drone certification, Drone Operator shall be an IBEW position. 26 SCOPE OF COLLECTIVE BARGAINING "Wages, hours of work, and working conditions" JUST CAUSE STANDARD FOR DISCIPLINE 1. Forewarning of rule and consequences. 2. Reasonable rule. 3. Thorough investigation. 4. Fair and objective investigation. 5. Preponderance of evidence. 6. Consistent. 7. Punishment fits the offense. WEINGARTEN RIGHT TO REPRESENTATION I Investigatory interviews. 2. Employee reasonably believes discipline may result. 3. Employee must request representation. 4. Employer may: a) grant request � b) discontinue interview � c) offer employee choice of 1) interview without representation or 2) no interview 5. 24-hour advance notice of subject of interview and 24 hours to confer with the Union. PAST PRACTICE t t Must be: 1 . Clear and 2. Consistently followed and 3. Followed over a reasonably long period of time agreed to by both parties 4. Shown by the record to be mutually accepted by the part ies. Used to: (a) interpret ambiguous contract language; (b) establish wages, hours of work or working conditions not in the contract E Clear contract language always takes precedence over past practice (with advance notification). �', 27