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HomeMy WebLinkAbout1994-059 Teamsters Local 223CITY OF ASttLAND AND TEAMSTERS LOCAL UNION NO. 223 COLLECTIVE BARGAINING AGREEMENT JULY 1, 1994 - JUNE 30 1997 UNION BARGAINING TEAM WAYNE S. BOTTA, CHIEF NEGOTIATOR BUDDY GROVE, POLICE DEPARTMENT BRENT JENSEN, POLICE DEPARTMENT SUSAN ROGERS, POLICE DEPARTMENT CITY NEGOTIATING TEAM LON MILLS, CHIEF NEGOTIATOR DAYMON BARNARD, POLICE DEPARTMENT MEL CLEMENTS, POLICE DEPARTMENT KAREN HUCKINS, FINANCE DEPARTMENT TABLE OF CONTENTS PREAMBLE ....................................................... 1 SCOPE OF AGREEMENT ............................................. 1 ARTICLE 1 - RECOGNITION ........................................ 1 1.1 Recognition ........................................... 1 1.2 New Classifications ................................... 1 ARTICLE 2 - UNION SECURITY ..................................... 2 2.1 Checkoff .............................................. 2 2.2 Fair Share ............................................ 2 2.3 religious Objection ................................... 2 2.4 Hold Harmless ......................................... 2 2.5 New Hires ............................................. 3 2.6 Bulletin Boards ....................................... 3 2.7 Stewards .............................................. 3 2.8 Solicitation .......................................... 3 2.9 Visits by Union Representatives ....................... 3 ARTICLE 3 -MANAGEMENT RIGHTS ................................... 4 ARTICLE 4 - STRIKE PROHIBITION ................................. 4 4.1 Strike Prohibition .................................... 4 4.2 Orderly Return to Work ................................ 4 4.3 Lockout Prohibition ................................... 4 ARTICLE 5 - HOLIDAYS ........................................... 5 5.1 Recognized Holidays ................................... 5 5.2 Holiday Compensation .................................. 5 5.3 Holiday Work .......................................... 5 5.4 Holiday Compensation Time ............................. 5 ARTICLE 6 - VACATIONS .......................................... 6 6.1 Eligibility ........................................... 6 6.2 Continuous Service .................................... 6 6.3 Accrual Limitations ................................... 6 6.4 Scheduling ............................................ 7 6.5 Payment on Termination ................................ 7 ARTICLE 7 - HOURS OF WORK ...................................... 7 7.1 Work Hours ............................................ 7 7.2 Work Day .............................................. 8 7.3 Work Week ............................................. 8 7.4 Work Schedule ......................................... 8 7.5 Shift Rotation ........................................ 8 7.6 Rest Periods .......................................... 8 7.7 Meal Period ........................................... 9 7.8 Overtime .............................................. 9 7.9 Call-back Time ........................................ 9 i ARTICLE 8 - SICK LEAVE ......................................... 9 8.1 Accumulation .......................................... 9 8.2 Utilization for Illness or Injury ...................... 10 8.3 Integration with Worker's Compensation ................. 10 8.4 Sick Leave Without Pay ................................ 10 8.5 Termination ........................................... 10 8.6 Funeral Leave ......................................... 10 ARTICLE 9 - OTHER LEAVE OF ABSENCE ............................. 11 9.1 Criteria and Procedure ................................ 11 9.2 Jury Duty ............................................. 11 9.3 Appearances ........................................... 11 9.4 Required Court Appearances ............................ 11 9.5 Election Day .......................................... 11 9.6 Union Business ........................................ 11 9.7 Educational Leave ..................................... 12 9.8 Military and Peace Corps Leave ........................ 12 9.9 Parental leave ........................................ 12 9.10 Failure to Return from Leave ......................... 12 ARTICLE 10 - COMPENSATION ...................................... 12 10.1 Pay Schedule ......................................... 12 10.2 Pay Periods .......................................... 13 10.3 Form of Compensation ................................. 13 10.4 Standby Pay .......................................... 13 10.5 Educational Allowance ................................ 13 10.6 Detective Compensation ............................... 13 10.7 Acting Sergeant ...................................... 13 ARTICLE 11 - DISCIPLINE ........................................ 13 11.lDiscipline ........................................... 13 11.2 Forms of Discipline .................................. 14 11.3 Suspension During Investigation ...................... 14 11.4 Immediate Suspension ................................. 14 11.5 Grievance Rights ..................................... 14 11.6 Probationary Employee ................................ 14 ARTICLE 12 - SETTLEMENT OF DISPUTES ............................ 15 12.1 Grievance and Arbitration Procedure .................. 15 ARTICLE 13 - SENIORITY ......................................... 16 13.1 Definition of Seniority .............................. 16 13.2 Layoff and Recall .................................... 16 13.3 Suspension of Seniority .............................. 16 13.4 Termination of Seniority ............................. 16 13.5 Probationary Period .................................. 17 13.6 Notice of Recall from Lay-off Status ................. 17 ARTICLE 14 - PROMOTIONS ........................................ 17 14.1Postings ............................................. 17 14.2 Promotional Probationary Period ...................... 17 ii ARTICLE 15 15 15 15 15 15 15 15 15 15 ARTICLE 16 16 ARTICLE ARTICLE ARTICLE 19 19 ARTICLE 15 - GENERAL PROVISIONS ................................ 17 .1 NO Discrimination .................................... 17 .2 Professional Standards and Safety Committee .......... 18 .3 Rules ................................................ 18 .4 Other Employment ..................................... 18 .5 Supervisory Employees ................................ 19 .6 Uniforms, Protective Clothing and Devices ............ 19 .7 Response-Time Requirement ............................ 19 .8 Utility Discount ..................................... 19 .9 Position Descriptions ................................ 19 .10 Personnel File ...................................... 19 16 - HEALTH, WELFARE & RETIREMENT ...................... 20 .1 Health and Welfare ................................... 20 .2 Retirement ........................................... 20 17 - WORKER'S COMPENSATION ............................. 20 18 - LIABILITY INSURANCE ............................... 21 19 - SAVINGS CLAUSEAND FUND ........................... 21 .1 Savings Clause ....................................... 21 .2 Funding .............................................. 21 20 - TERMINATIONAND REOPENING ......................... 21 APPENDIX "A" CLASSIFICATIONS IN BARGAININGUNIT ................ 23 APPENDIX "B" WAGE SCHEDULE ..................................... 24 APPENDIX "C" DETECTIVE ASSIGNMENT .............................. 25 APPENDIX "D' CLASS DESCRIPTIONS ................................ 27 APPENDIX "E" LEAD POLICE OFFICER ASSIGNMENT .................... 29 iii AGREEMENT BETWEEN THE CITY OF ASHI AND, OREGON and TEAMSTERS LOCAI UNION NO. 223 PREAMBLE This agreement is entered into by the City of Ashland, Oregon, hereinafter referred to as the "City", and the Teamsters Local Union No. 223, International Brotherhood of Teamsters of Portland, Oregon, hereinafter called the "Union". Unless indicated otherwise, reference to the "City" herein shall include the Mayor and City Council or their designee(s) as the officials directly responsible for the operation of the department covered by this Agreement. The purpose of this Agreement is to set forth the full and complete Agreement between the parties on matters pertaining to rates of pay, hours of work and other conditions of employment. SCOPE OF AGREEMENT This Agreement shall apply to all employees of the Police Department, Ashland, Oregon as set forth in "Appendix A" but excluding members of the Ashland Police Reserve, irregular part- time employees, seasonal and temporary employees. Where the term "employee" is used, it shall mean regular full or part-time employees or probationary employees within the bargaining unit, as the same are defined in Article XIII hereof. The parties agree as follows: ARTICLE 1 - RECOGNITION 1.1 The City recognizes the Union as the sole and exclusive bargaining agent for the purposes of establishing rates of pay, hours of work and other conditions of employment for all employees within the bargaining unit described immediately above. 1.2 When any position not listed on the pay schedule is established, the City shall designate a job classification and pay rate for the position. The Union shall be notified and the pay rate established by the City shall be considered tentative until the 1 Union has been afforded the opportunity to meet and confer on the matter. If the Union does not agree that the classification or pay rate is proper, the Union may submit the issue as a grievance according to the grievance procedure. ARTICLE 2 - UNION SECURITY 2.1 Checkoff. Any employee who is a member of the Union or who has applied for membership, shall sign and deliver to the Union, who shall forward to the City, an original assignment authorizing deductions of membership dues in the Union. Such authorization shall continue in effect from year to year unless revoked or changed in writing. Pursuant to each authorization the City shall deduct such dues from the first salary check of said employee each month. The amounts deducted shall be remitted to the Union by the fifteenth (15th) of the succeeding month to the official designated by the Union in writing to receive such deduction. 2.2 Fair Share. Employees who are not members of the Union shall make payment in lieu of dues to the Union. Such payment shall be the same amounts as provided for regular Union dues, initiation fees and assessments. The section shall be referred to as the "Fair Share" Agreement and the City shall deduct from the first salary check of each employee, each month, the payments for regular dues or payments in lieu of dues and shall remit the same to the Union by the fifteenth (15th) of the succeeding month. 2.3 Reliqious Objection. Any employee who is a member of a church or religious body having bona fide religious tenets or teachings which prohibit association with a labor organization or the payment of dues or payment in lieu of dues to a labor organization, shall pay an amount of money equivalent to regular Union dues, initiation fees and assessments to a non-religious charity or to another charitable organization mutually agreed upon by the employee affected by the Union. The City shall deduct from the first salary check of each such employee, each month the payments to such charitable organization and shall remit the same to the charitable organization by the fifteenth (15th) of the succeeding month. The employee shall supply proof to the Union, each month, that this has been done. 2.4 Hold Harmless. The Union agrees to hold the City harmless against any and all claims, orders or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this article. Upon written notification by the Union of a check-off error, the City will make adjustments within thirty (30) days of receipt of such notification. Agrccment between CITY OF ASHLAND and TEAMSTERS LOCAL UNION NO. 223 2.5 New Hires. The City will notify the Union of all new hires in the unit within two (2) weeks after their having been employed, furnishing the Union with the new employee's name, social security number, mailing address and position for which he or she has hired. 2.6 Bulletin Boards. The City agrees to allow suitable wall space in the Police Station, not to exceed 3'x 3' for bulletin boards to be used by the Union for the posting of notices and bulletins relating to the Union. The Union shall limit its posting of Union notices and bulletins to such bulletin board, which shall be used only for the following Union notices and bulletins: (a) (b) (c) (d) (e) (f) (g) Recreation and social affairs of the Union Union meetings Union elections Reports of Union committees Rulings or policies of the International Union Communications from the Union to the bargaining unit Current events regarding Union activity 2.7 Stewards. Employees selected by the Union to act as Union representatives shall be known as "stewards and shall not exceed three (3) in number, one of which shall be a Clerk/Dispatcher. The names of the employees selected as stewards, and the names of local Union representatives who may represent employees, shall be certified in writing to the City by the Union. Duties required by the Union stewards, excepting attendance at meetings with supervisory personnel and aggrieved employees arising out of a grievance already initiated by an employee under Article XII, shall not interfere with their or other employees' regular work assignments as employees of the City. Contacts between stewards and employees or the Union shall be made outside of working hours so as not to disrupt regular City operations. 2.8 Solicitation. The Union agrees that its members will not solicit membership in the Union or otherwise carry on Union activities during working hours, except as specifically provided in this Agreement. 2.9 Visits by Union Representatives. The City agrees that accredited representatives of the Union, upon reasonable and proper introduction, may have reasonable access to the premises of the City at any time during working hours for the purpose of assisting in the administration of this Agreement, if they first obtain permission to do so from the Chief of Police or his designated representative. In no case will such access be unreasonably denied. Agreement between CITY OF ASHLAND and TEAMSTERS LOCAL UNION NO. 223 3 ARTICLE 3 - MANAGEMENT RIGHTS 3.1 The City shall retain the exclusive right to exercise the customary functions of management including, but not limited to, directing the activities of the department; determining the levels of service and methods of operation including contracting and subcontracting, and the introduction of new equipment; the right to hire, lay-off, transfer, and promote; to discipline or discharge for cause as defined in Article XI; to determine the duties and responsibilities of job classifications; to make rules consistent with the terms of this Agreement; to determine work schedules and assign work; and any other such rights not specifically referred to in this Agreement. The failure by the City to exercise its rights under this Article in any respect shall not be taken as a waiver of such rights. ARTICLE 4 - STRIKE PROHIBITION 4.1 The Union and its members, as individuals or as a group, will not initiate, cause, permit or participate or join in any authorized strike, work stoppage, or slowdown, picketing, or any other restriction of work at any location in the City. Employees in the bargaining unit, when acting in the course of their employment, shall not honor any picket line established in the City by the Union or by any other labor organization when called upon to cross a picket line in the line of duty. Disciplinary action, including discharge may be taken by the City against any employee or employees engaged in a violation of 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. 4.2 In the event of an unauthorized strike, work stoppage, slowdown, picketing, observance of a picket line, or other restriction of work in any form, either on the basis of individual choice or collective employee conduct, the Union will immediately upon notification, attempt to secure an immediate and orderly return to work. This obligation and the obligations set forth in Section 1 above shall not be affected or limited by the subject matter involved in the dispute giving rise to the stoppage or by whether such subject matter is or is not subject to the grievance and arbitration provision of this Agreement. 4.3 The City agrees that there will be no lockout of employees of the bargaining unit as a consequence of any dispute with the Union arising during the term of this Agreement. Agreement between CITY OF ASHLAND and TEAMSTERS LOCAL UNION NO. 223 4 ARTICLE 5 - HOLIDAYS 5.1 Recognized Holidays. The following shall be recognized as Holidays: New Years Day (January 1) Martin Luther King's Birthday (3rd Monday in January) Washington's Birthday (3rd Monday in February) Memorial Day (last Monday in May) Independence Day (July 4) Labor Day (lst Monday in September) Veterans Day (November 11) Thanksgiving Day (4th Thursday in November) Day after Thanksgiving Christmas Day (December 25) Employee's Birthday Whenever a Holiday shall fall on Sunday, the succeeding Monday shall be observed as a Holiday. Whenever a Holiday shall fall on Saturday, the preceding Friday shall be observed as the Holiday. If an employee is on authorized vacation, sick leave, or other leave with pay when a Holiday occurs, such Holiday shall not be charged against such leave. 5.2 Holiday Compensation. Each regular employee shall receive eight (8) hours compensation for each of the Holidays listed above on which he performs no work. This compensation shall be paid on the first payday of December of each year. 5.3 Holiday Work. If any regular employee is required to work on any of the Holidays listed above, he shall be compensated at his regular straight time rate for all hours worked in addition to eight (8) hours compensation at his regular straight time rate of pay for the Holiday, which shall be paid on the first payday of December of each year. 5.4 Holiday Compensation Time. On December 1 each year, an employee may elect to take up to eleven (11) days in lieu of Holiday pay as compensatory time off, provided that not more than a total of 11 such days may be elected during the twelve month period from December 1 to December 1 of each year. Said compensatory days shall be scheduled mutually by the employee and the Chief of Police. Holiday compensation time can be scheduled in blocks of less than eight hours. This section shall not apply to the Youth Diversion and Community Service Officers who shall normally take the actual holiday off. Ag roemcnt between CITY OF ASHLAND and TEAMSTERS LOCAL UNION NO. 223 ARTICLE 6 - VACATIONS 6.1 Eligibility. An employee shall be eligible for annual vacation time with pay on January 1st of each year in accordance with the following sections: (a) Employees with less than four (4) full years of continuous service shall accrue six and two-thirds (6.67) hours of vacation credit for each calendar month of service (10 working days maximum). (b) Employees with more than four (4), but less than nine (9) full years of continuous service, shall accrue nine and one-third (9.33) hours of vacation credit for each calendar month of service (14 working days maximum). (c) Employees with more than nine (9), but less than fourteen (14) full years of continuous service, shall accrue eleven and one-third (11.33) hours of vacation credit for each calendar month of service (17 working days maximum). (d) Employees with more than fourteen (14), but less than nineteen (19) full years of continuous service, shall accrue thirteen and one-third (13.33) hours of vacation credit for each calendar month of service (20 working days maximum). (e) Employees with more than nineteen (19) full years of continuous service, shall accrue fourteen and two-thirds (14.67) hours of vacation credit for each calendar month of service (22 working days maximum). 6.2 continuous Service. Continuous service, for the purpose of accumulating vacation leave credit, shall be based on the regular paid hours worked by the employee, except that paid time spent by an employee on military leave, sick leave resulting from an injury incurred in the course of employment and authorized educational leave required by the city shall be included as continuous service. Time spent on other types of authorized leave shall not be counted as service, provided that employees returning from such leave and employees on layoff status shall be entitled to credit for service prior to the leave or layoff. 6.3 Accrual Limitations. Vacation time must be taken by the employee within twelve (12) months following the date of eligibility. Vacation leave shall not accrue during a leave of absence without pay or an educational leave with pay in excess of fifteen (15) calendar days except for attendance at the Board of Police Standards and Training School for basic training, and any other school or training provided and/or required by the City. Payment shall be made for vacation time not taken by an employee. Agreement between CITY OF ASHIAtND and TEAMSTERS LOCAL UNION NO. 223 6 6.4 Scheduling. Employees shall be permitted to request vacation on either a split or an entire basis. Vacation times shall be scheduled by the City based on the head of the department's judgment as to the needs of efficient operations and the availability of vacation relief. Subject to the foregoing, employees shall have the right to determine vacation times. Vacation times shall be selected on the basis of seniority; provided, however, each employee will be permitted to exercise his right to seniority only once annually. The vacation schedule shall be posted annually as of December 1st and be closed as of January 1st and subsequent changes shall be made only by mutual consent of the parties. Scheduling of vacation periods, to the extent consistent with operating requirements of the City and vacation credits of the employee, shall not be less than one day. Employees not wishing to sign up for vacation between December 1 and January 1 shall waive their seniority for vacation selection, If an employee has not chosen vacation days by January 1st, the employee must give 30 days notice before using any vacation days chosen thereafter. If an employee has not taken or chosen all his vacation time by October 1st, the Police Chief shall assign the remaining vacation time. Employees shall not be denied vacations because of supervisory time off, nor shall employee's vacations be unreasonably denied. All days of the year will be available for annual seniority bid for vacation in accordance with the normal bidding procedure. 6.5 Payment on Termination. In the event of death or termination of an employee during the initial twelve (12) months of his employment, no payment in lieu of vacation shall be made. In the event of death or termination of employment after an employee has served for twelve (12) continuous months, and is otherwise eligible for vacation credits, the employee shall be entitled to payment for accrued vacation leave at the rate as of the date of eligibility. In the event of death, earned but unused vacation leave shall be paid in the same manner as salary due the deceased employee is paid. ARTICLE 7 - HOURS OF WORK This article is intended to be construed only as a basis for recognizing overtime, and shall not be construed as a guarantee of hours of work per day or per week. Any flex-time arrangements must be by written mutual agreement between the City and the Union. 7.1 Work Hours. The regular hours of a regular employee shall be eight (8) consecutive hours. Agreement between CITY OF ASH-LAND and TEAMSTERS LOCAL UNION NO. 223 7 7.2 Work Day. The workday shall consist of an eight (8) hour day within a twenty-four (24) hour period including rest periods (i.e., the 24 hour period will begin at the start of the employee's work day and end 24 hours later). This section shall not apply to scheduled training days so long as the employee has 8 hours between their normally scheduled shift. If less than 8 hours is allowed, overtime shall apply for all hours less than 8. 7.3 Work Week. The work week shall consist of a seven (7) day work schedule with five (5) consecutive eight (8) hour days, with two (2) days off (i.e., the seven (7) day work schedule will begin at the start of the employees first day of work and end 168 hours later). 7.4 Work Schedule. All employees to the extent consistent with operating requirements, shall be scheduled to work on a regular shift and each shift shall have regular starting and quitting times. Work schedules showing the employees' shift, work days, and hours shall be posted on the department's bulletin board for thirty (30) days prior to their effective date, except for emergency situations and for the duration of the emergency, and except for scheduled training and schedule changes for which 10 days' notice is required. In the event of an emergency, schedules may be changed without prior notice and the City shall not be liable for overtime under this section. An employee shall not suffer a reduction in pay as the result of a schedule change, unless such schedule change is at the employee's request. The City shall not be liable for the payment of overtime when more than forty (40) hours are worked in a seven (7) day period as the result of a scheduled change for seniority shift rotations. To this end the City may work an employee 80 hours in a 2-week period before incurring any overtime liability. Failure to comply with the provisions of this section shall result in the payment of one and one-half (1 1/2) times the regular rate by the City for all hours worked outside the timely scheduled work week. It is further understood and agreed by both parties that this section was never intended to govern shift trading or compensation days off. 7.5 Shift Rotation. Employees shall rotate work-shifts by bidding for 3-month work cycles. Employees must bid/work at least two different shifts per year. 7.6 Rest Periods. A rest period of fifteen (15) minutes shall be permitted for all employees during each half shift, which shall be scheduled by the City in accordance with its determination as to the operating requirements and each employee's duties. Agreement between CITY OF ASHLAND and TEAMSTERS LOCA l, !INION NO. 223 7.7 Meal Period. To the extent consistent with operating requirements of the department, meal periods shall be scheduled in the middle of the work shift, or as close to a normal meal time as possible. The meal period shall be thirty (30) minutes and shall be considered on-duty time. The work day for the Community Services officer and the Youth Diversion officer shall include an unpaid one hour meal period between 1200 and 1300 hours unless otherwise mutually agreed upon between the employee and their supervisor. 7.8 Overtime. The City has the right to assign overtime work as required in a manner most advantageous to the City, and consistent with the requirements of municipal service and the public interest. Employees shall be compensated at the rate of one and one-half (1 1/2) times the regular rate for overtime work under the following conditions, but in no event shall such compensation be received twice for the same hours. All assigned work in excess of eight (8) hours on any scheduled work day. Be All assigned work in excess of forty (40) hours in work week. Detectives shall be compensated for overtime as set forth in "Appendix C". 7.9 Call-back Time. Employees called back to work shall receive overtime pay with a guaranteed minimum of two (2) hours at the overtime rate for the work for which they are called back. This section applies only when call-back results in hours worked which are not annexed consecutively to one end or the other of the working day or working shift. This section does not apply to scheduled overtime, call-back times annexed to the beginning of the work shift, hold-over times annexed to the end of the work shift or work day or to brief routine phone calls. ARTICLE 8 - SICK LEAVE 8.1 Accumulation. Sick leave shall be earned for the *purposes stated herein by each eligible employee at the rate of eight (8) hours for each full calendar month of service. Sick leave may be accumulated to a total of eight hundred forty (840) hours and must be taken for the purposes specified in Section 2 hereof as a condition precedent to any sick leave payment. Agreement between CITY OF ASHI~.ND and TEAMSTERS LOCAL UNION NO. 223 8.2 Utilization for Illness or Injury. Employees may utilize their allowance for sick leave when unable to perform their work duties by reason of illness or injury. In such event, the employee shall notify the department head or other supervisor of absence due to illness or injury, the nature and expected length thereof, as soon as possible prior to the beginning of his scheduled regular work shift, unless unable to do so because of the nature of injury or illness. A physician's statement of the nature and identity of the illness, the need for the employee's absence and the estimated duration of the absence, may be required at the option of the City for absences of over two days prior to payment of any sick leave benefits or prior to allowing the employee to return to work. A physician's statement may be required as a prerequisite to payment of sick leave for less than three (3) days if the employer has reason to believe that sick leave is being abused. For the purpose of this section and the following sections of this Article, pregnancy shall be treated as any other illness or disability. 8.3 Integration with Worker's Compensation. When an injury occurs in the course of employment, the city's obligation to pay under this sick leave Article is limited to the difference between any payment received under Worker's Compensation laws and the employee's regular pay, minus state and federal deductions. In such instances, no charges will be made against accrued sick leave for the first three days and thereafter pro-rated charges will be made against accrued sick leave. 8.4 Sick Leave Without Pay. Upon application by the employee, sick leave without pay may be granted by the City for the remaining period of disability after accrued sick leave has been exhausted. The City may require that the employee submit a certificate from a physician periodically during the period of such disability, and before returning to work. 8.5 Termination. Sick leave is provided by the City in the nature of insurance against loss of income due to the illness or injury. No compensation for accrued sick leave shall be provided for any employee upon his death or termination of employment, except as provided for in Article XVI, Section 2. Sick leave shall not accrue during any period of leave of absence without pay. 8.6 Funeral Leave. In addition to regular sick leave, an employee may be granted three (3) days funeral leave with regular pay in the event of death in the immediate family of the employee. An employee's immediate family shall include spouse, parent, children, brother, sister, grandparents, mother-in-law or father- in-law. The employee will be paid his regular hourly rate for any such days of excused absence which occur only during this assigned workweek. No pay shall be granted if the employee does not attend Agrcement between CITY OF ASHLAND and TEAMSTERS LOCAL UNION NO. 223 10 the funeral. An additional two (2) days with regular pay may be granted and shall not be unreasonably denied. The City may, at its discretion, grant other compassionate leave under exceptional circumstances. ARTICLE 9 - OTHER LEAVES OF ABSENCE 9.1 Criteria and Procedure. Leaves of absence without pay not to exceed ninety (90) days may be granted upon establishment of reasonable justification therefore in instances where the work of the department will not be seriously handicapped by the temporary absence of the employee. Requests for such leaves must be in writing. Normally, such leave will not be approved for an employee for the purpose of accepting employment outside the service of the City. 9.2 Jury Duty. Employees shall be granted leave with pay for service upon a jury provided, however, that the regular pay of such an employee for the period of absence shall be reduced by the amount of money received for such jury service, and upon being excused from jury service for any day employee shall immediately contact their supervisor for assignment for the remainder of his or her regular workday. 9.3 Appearances. Leave with pay shall be granted for an appearance before a court, legislative committee, judicial or quasi-judicial body as a witness in response to a subpoena or other direction by proper authority provided, however, that the regular pay of such employee shall be reduced by an amount equal to any compensation he may receive as witness fees. 9.4 Required Court Appearances. Leave of absence with pay shall be granted for attendance in court in connection with an employee's officially assigned duties, including the time required for travel to the court and return to the employee's headquarters. 9.5 Election Day. Employees shall be granted two (2) hours to vote on any election day only if, due to scheduling of work, they would not otherwise be able to vote. 9.6 Union Business. Employees elected to any union office or selected by the Union to do work which takes them from their employment with the City may, upon written request of the Union and the employee, be recommended by the department head for a leave of absence, of up to thirty (30) days without pay. Employees selected by Union to attend collective bargaining sessions between the Union and the City shall not suffer a loss of pay or benefits as a result of attendance at such meetings. However, all efforts shall be made Agreement between CITY OF ASHLAND and TEAMSTERS LOCAL UNION NO. 223 11 to schedule such meetings so as not to adversely affect the staffing or operation of the department. 9.7 Educational Leave. After completing one (1) year of continuous service, an employee, upon written request, may be granted a leave of absence without pay by the City for the purpose of upgrading his or her professional ability through enrollment in educational courses directly related to employment at an accredited school or course of study. The period of such leave of absence shall not exceed one (1) year, but may be renewed or extended upon request of the employee and approval by the 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. His replacement shall be considered a temporary employee. Employees shall also be granted time off with pay for educational purposes, for reasonable lengths of time, to attend conferences, seminars, briefing sessions, training programs and other programs of a similar nature that are intended to improve or upgrade the employee's skill and professional ability, when ordered by the employee's department head. 9.8 Military and Peace Corps Leave. Military and Peace Corps leave shall be granted as required by Oregon Revised Statutes. Employees may use accrued vacation and holiday time for official military leave in excess of the employer-paid time provided by statute. 9.9 Parental Leave. Parental leaves of absence shall be as required by relevant state and federal statutes. Additional time off may be allowed at the discretion of the City. 9.10 Failure to Return from Leave. Any employee who is granted a leave of absence and who, for any reason, fails to return to work at the expiration of said leave of absence, shall be considered as having resigned his position with the City, and his position shall be declared vacated; except and unless the employee, prior to the expiration of his leave of absence, has furnished evidence that he is unable to work by reason of sickness, physical disability or other legitimate reason beyond his control. ARTICLE 10 - COMPENSATION 10.1 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. Agreement between CITY OF ASHLAND and TEAMSTERS LOCAL UNION NO. 223 12 10.2 Pay Periods. Employees shall be paid every other Friday. Pay periods shall be for 14 days beginning at 12:01 A.M. on Saturday, and ending on the 14th day (Friday) at 12:00 P.M. Pay days shall be on the Friday following the close of each pay period. 10.3 Form of Compensation. Authorized overtime shall be paid in the form of pay. All overtime shall be recorded by the employee and must be approved by the Department Head or designated supervisor. 10.4 Standby Pay. An employee assigned to standby status to handle emergencies during his off-duty hours and who is required to remain at his home, shall be paid at twenty (20) percent of his regular rate for all predetermined hours of such period. In addition, he shall be compensated at overtime rates for actual time worked to the nearest one-half hours and shall not be eligible for call-back time as set forth in Article VII.7.9. 10.5 Educational Allowance. An employee classified as a Police officer shall, upon receiving an intermediate or advanced certificate from the Board of Police Standards and Training, be eligible for a monthly allowance of $50.00 or $100.00 respectively. Employees in classifications other than Police Officer shall be granted payment for tuition, books, travel, and incidental expenses incurred for education and training, which must be job related and approved by Chief of Police in advance. 10.6 Detective Compensation. Any member of the bargaining unit who is assigned to detective status shall be compensated as set forth in "Appendix C" of this Agreement until relieved of such assignment. 10.7 Actinq Serqeant. Any employee on active duty designated by the City as acting in capacity in a higher level position other than his/her permanent job classification shall receive sergeant's salary with a minimum of 5% additional pay above his/her job classification salary for the length of the assignment. This rate applies to hours worked only. ARTICLE 11 - DISCIPLINE 11.1 No regular employee as defined in Article XIII may be disciplined except for just cause. Once an employee has received a letter in writing for any disciplinary action, reasons (not including new evidence) shall not be modified or changed at a later date. Disciplinary action may be imposed upon any employee for failing to fulfill his or her responsibilities as an employee. Conduct reflecting discredit upon the City or Department, or which Agreement between CITY OF ASHLAND and TEAMSTERS LOCAL UNION NO. 223 13 is a direct hindrance to the effective performance of City functions, shall be considered good cause for disciplinary action. Such cause may also include misconduct, inefficiency, unsatisfactory work performance, incompetence, insubordination, misfeasance, malfeasance, the willful violation of department rules or for political activities forbidden by State law. The employee, upon request, has the right to have Union representation at any meeting during which disciplinary matters are discussed. 11.2 Discipline for just cause may include the following: 1. Written reprimand 2. Demotion 3. Suspension 4. Discharge or dismissal 11.3 An employee may be suspended from employment while charges against the employee are investigated. Such a suspension may be for no more than five (5) working days, unless mutually agreed to by the parties. If charges are upheld the suspension without pay or any part of it may be determine to be part of the discipline, effective the date of the suspension. 11.4 In the event of an offense of such serious nature that immediate disciplinary action is required, the employee may be suspended immediately from employment until such charges are investigated and a decision made to continue to terminate the employee. If the employee is cleared completely of the charges, the affected employee will be immediately reinstated without loss of pay or other benefits. If charges are upheld, the termination date will be the date of suspension. 11.5 Any disciplinary action imposed upon an employee, if protested, shall be protested only as a grievance through the regular grievance procedure. If a department head or other supervisor has reason to discipline an employee, he/she shall make reasonable efforts to impose such discipline in a manner that will not embarrass or humiliate the employee before other employees or the public. Oral reprimands shall not be protested through the grievance procedure. Letters of reprimand, upon request of the employee, shall be removed at the end of three years from the time the reprimand was dated, provided there are no related subsequent letter(s) of reprimand or disciplinary action taken during the intervening period of time. 11.6 This article shall not apply to any employee on probation as defined in Article XIII. Agreement between CITY OF ASHLAND and TF~MSTERS LOCAL UNION NO. 223 14 ARTICLE 12 - SETTLEMENT OF DISPUTES 12.1 Grievance and Arbitration Procedure. Any grievance or dispute which may arise between the parties concerning the application, meaning or interpretation of this Agreement shall be settled in the following manner: Step I. The affected employee shall take up the grievance or dispute with the employee's supervisor as soon as possible but not more than ten (10) days of its discovery. The employee shall specify the facts upon which the grievance is based and the contract article allegedly violated. The supervisor shall then attempt to adjust the matter within ten (10) days. Step II. If the grievance has not been settled between the affected employee and the supervisor, it may be presented in writing by the Union representative to the Chief of Police, or his designee, within ten (10) days after the response specified in Step I is due or received. The written notice shall include details of the grievance, the section of this Agreement allegedly violated and the specific remedy requested. The Chief of Police, or his designee, shall respond to the Union representative in writing within ten (10) days after receipt thereof. Step III. If the grievance still remains unadjusted, it may be presented by the Union to the City Administrator of the city or his designee(s), within ten (10) days after the response specified in Step II is due or received. The City Administrator, or his designee(s), shall respond in writing to the Union within ten (10) days. Step IV. If the grievance is still unsettled, either party may within ten (10) days of the decision of the City Administrator or his designee(s) under Step III have the right to have the matter arbitrated by a third party jointly agreed upon by the City and the Union. If the parties are unable to agree upon an arbitrator, the Employment Relations Board shall be requested to submit a list of five names. Both the City and the Union shall have the right to strike two names from the list. The party requesting arbitration shall strike the first name and the other party shall then strike one name. The process shall be repeated and the remaining person shall be the arbitrator. The City and the Union shall meet in a pre-hearing conference and shall prepare a submission agreement regarding the specific issues in dispute. The designated arbitrator shall hear both parties within five (5) days on the disputed matter and shall render a decision within thirty (30) days which shall be final and binding on the parties and the employee. The arbitrator shall have no right to amend, modify, nullify, ignore or add provisions to the agreement, but shall be limited to consideration of the particular issue(s) presented to him. His decision shall be Agreement between CITY OF ASHLAND and TEAMSTERS LOCAL UNION NO. 223 15 based solely upon his interpretation of the meaning and 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 proceedings, it may cause such a record to be made, provided it pays for the record. If the other party desires a copy, both parties shall jointly share the cost of the transcript and all copies. If any grievance is not presented or forwarded by the employee or Union within the time limits specified above, such grievance shall be deemed waived. All days and hours specified shall be calendar. If the city fails to respond in a timely fashion, the grievance may be appealed to the next step. A grievance may not change once it has been filed in writing. ARTICLE 13 - SENIORITY 13.1 Definition of Seniority. Only regular employees shall have seniority. Seniority shall be an employee's length of continuous service within the bargaining unit, dating from his/her last date of hire, and shall apply by job classification. 13.2 Layoff and Recall. In the event of layoff, an employee may exercise his or her seniority in a lower job classification within the department provided he or she is qualified to perform the work. Recall from layoff shall be in reverse order of seniority provided the senior employee is capable of performing the work. 13.3 Suspension of Seniority. Seniority shall be retained, but shall not continue to accrue during layoffs and authorized leaves in excess of ninety (90) calendar days and during the first one (1) year of continuous service in a "non-unit" position within the department. 13.4 Termination of Seniority. Seniority and the employment relationship shall be terminated if an employee (1) quits; (2) is discharged for just cause; (3) is absent from work for three consecutive working days without notification to the City; (4) is laid off and fails to report to work within three days after being recalled; (5) is laid off from work for any reason for 24 months, or for a period of time equal to his seniority, whichever is shorter; (6) fails to report for work at the termination of a leave of absence; (7) if while on leave of absence for personal health reasons accepts other employment without permission; or (8) is retired. Agreement between CITY OF ASHLAND and TI~MSTERS LOCAL UNION NO. 223 16 13.5 Probationary Period. The probationary period is an integral part of the employee selection process and provides the City with the opportunity to upgrade and improve the department by observing a new employee's work, training, aiding new employees in adjustment to their positions, and by providing an opportunity to reject any employee whose work performance fails to meet required work standards. Every new employee hired into the bargaining unit shall serve a probationary period of twelve (12) full months after which he shall be considered a regular employee and granted seniority to the last date of hire. This probationary period may be extended up to an additional six (6) months by written mutual approval between the City and the Union. The Union recognizes the right of the City to terminate probationary employees for any reason and to exercise all rights not specifically modified by this Agreement with respect to such employees, including, but not limited to, the shifting of work schedules and job classifications, the assignment of on-the-job training, cross-training in other classifications, the assignment of on-the-job training, cross- training in other classifications and the assignment to educational courses and training programs. Termination of a probationary employee shall not be subject to the grievance procedure under Article XII. 13.6 Notice of Recall from Lay-off Status. Recall from layoff exceeding five (5) work days shall be by certified letter sent to the employee at his last known address furnished to the City by the employee. The City may also use any other means to return an employee sooner. ARTICLE 14 - PROMOTIONS 14.1 Postings. Promotional opportunities shall be posted for at least three (3) weeks prior to the filling of the position. 14.2 Promotional Probationary Period. Regular employees promoted into a higher classification shall serve a promotional probationary period of six (6) full months. The Union also recognizes the right of the employer to demote an employee on promotional probationary status to his previous position. Demotion of an employee on promotional probationary status shall not be subject to the grievance procedure under Article XII and such demotion shall not be considered a disciplinary action. ARTICLE 15 - GENERAL PROVISIONS 15.1 No Discrimination. The provisions of this Agreement shall be applied equally to all employees in the bargaining unit without discrimination as to race, creed, color, age, sex or Agreement between CITY OF ASHLAND and TEAMSTERS LOCAL UNION NO. 223 17 national origin. The Union shall share equally with the City the responsibility for applying the provisions of this Section. All reference to employees in this Agreement designate both sexes, and whenever the male gender is used, it shall be construed to include the male and female employees. Employees shall have the right to form, join, and participate in the activities of the Union or any other labor organization, or to refrain from any or all such activities, and there shall be no discrimination by either the City or the Union by reason of the exercise of such right except as specifically provided herein. Nothing in this Agreement shall be construed as precluding or limiting the right of an individual employee to represent himself in individual personal matters. 15.2 Professional Standards and Safety Committee. In order that the City may be informed and/or take appropriate action on professional standards of safety and protective equipment, a committee shall be formed composed of the Chief of Police and/or his designated representatives not to exceed two, and representatives of the Union not to exceed three. This committee shall meet as mutually agreed upon, consider surveys and factual studies, and make recommendations for improvements to the City Administrator. 15.3 Rules. It is jointly recognized that the City must retain broad authority to fulfill and implement its responsibilities and may do so by work rule, oral or written, existing or future. It is agreed, however, that no work rule will be promulgated or implemented which is inconsistent with a specific provision of this Agreement. All work rules which have been be reduced to writing will be furnished to the Union and to affected employees upon request. 15.4 Other Employment. Prior to accepting outside employment, an employee shall first discuss the matter with the Police Chief. Acceptance or continuance of regular outside employment by an employee shall be subject to the following criteria: (a) The need for mentally alert and physically able public safety employees. (b) Insulating employees from potential conflict of interest situations. (c) Maintaining efficiency unimpaired by other employment, recognizing the nature of the job requiring police officers to be available for emergency duty twenty-four (24) hours a day. Agreement between C/TY OF ASHLAND and TEAMSTERS LOCAL UNION NO. 223 18 15.5 Supervisory Employees. It is understood that supervisory employees not covered under this Agreement shall not perform work within the jurisdiction of the Union except in the case of an emergency, or for purposes of instruction or training, or where the complement of regular employees is temporarily reduced by reason of absence of any employee due to illness or other legitimate reasons, or where the work load is temporarily increased. 15.6 Uniforms. Protective Clothing and Devices. If an employee is required to wear a uniform, protective clothing or use any type of protective device, such article shall be provided by the City. Replacements shall be provided by the City upon surrender of the article, at no cost to the employee, reasonable wear excepted. Lost articles or damage to articles due to negligence shall be reimbursed to the City by the employee. Failure of any employee to wear such required uniform, protective clothing, or use such protective device as prescribed by the City shall be cause for disciplinary action as set forth in Article XI hereof. 15.7 Response-Time Requirement. All new regular sworn employees shall establish their residence to enable them to report for emergency duty within thirty (30) minutes of notification, including get-ready time and travel time. All present sworn employees who presently reside outside of this area shall become residents of the area in the event they relocate their place of residence following the effective date of this Agreement. Exceptions must be approved by Chief of Police. Employees shall not use any telephone answering machine at their home when they are off duty for the purpose of avoiding work-related matters. 15.8 Utility Discount. All regular employees shall receive a twenty-five percent (25%) discount on City domestic water, sewer and electric utilities. 15.9 Position Descriptions. The class specifications for positions listed on "Appendix A" shall be those set forth in Ordinance No. 1415, as amended and attached hereto as "Appendix D". Each employee shall be furnished with a copy of his/her job description. The context of class specifications and job descriptions shall not be subject to the grievance procedure. 15.10 Personnel File. (a) Inspection. Each bargaining unit member shall have the right to review, four (4) times a calendar year, and obtain at their expense, copies of the contents of his/her personnel file, exclusive of materials received prior to the date of their employment with the City. The official personnel files shall be maintained in the City Administrator's office. Agrccment between CITY OF ASHLAND and TEAMSTERS LOCAL UNION NO. 223 19 (b) Employee Siqnature. Each employee shall be offered the opportunity to read and sign any written material that is placed in their official personnel file. The employee may: 1. Sign such material indicating agreement. Sign such material, indicating disagreement, in which case the employee may place in his file a signed response to such material. Refuse to sign such material in which case a member of management shall place in that person's file a signed statement indicating that the material was offered to the employee for reading and signing and the employee refused. ARTICLE 16 - HEALTH, WELFARE & RETIREMENT 16.1 Health and Welfare. The City agrees to maintain existing or equal or better insurance plans at present employee/family coverage levels. Those plans and employee/family coverage levels are: (a) (b) (c) (d) (e) (f) Blue Cross Option V Health Insurance - family coverage. Standard Life Insurance Company life insurance - family coverage. Standard Life Insurance salary continuation plan - employee only. Blue Cross Dental Insurance - family coverage. Blue Cross - Basic Vision plan - employee only. The City of Ashland Wellness Program - family coverage. 16.2 Retirement. The City agrees to maintain its existing Retirement Plan, subject to the terms and provisions thereof, as it applies to regular employees in the bargaining unit. Upon retirement, one-half of accumulated sick leave will be applied to retirement as set forth in O.R.S. 237.153. The City will also assume or pay the employee contributions required by ORS for all employees included under this agreement at a uniform rate of six (6) percent. ARTICLE 17 - 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. Ag regiment between CITY OF ASHLAND and TE2~MSTERS LOCAL UNION NO~ 223 20 ARTICLE 18 - LIABILITY INSURANCE The City shall purchase liability insurance in the maximum amounts set forth in O.R.S. 30.270 for the protection of all employees covered by this Agreement against claims against them incurred in or arising out of the performance of their official duties. The premiums for such insurance shall be paid by the City. ARTICLE 19 - SAVINGS CLAUSE AND FUND 19.1 Savings Clause. Should any provision of this Agreement be subsequently declared by the proper legislative or judicial authority to be unlawful, unenforceable, or not in accordance with applicable statutes or ordinances, all other provisions of this Agreement shall remain in full force and effect for the duration of the Agreement. Upon such declaration, the parties agree to immediately meet and confer on a substitute, if possible, for the invalidated portion thereof. 19.2 Fundinq. The parties recognize that revenue needed to fund the wages and benefits provided by the Agreement must be approved annually by established budgetary procedures and in certain circumstances by vote of the citizens of the City. The City shall not reduce the wages and benefits specified in the Agreement because of budgetary limitations, but cannot and does not guarantee any level of employment in the bargaining unit covered by this Agreement. The City agrees to include in its annual budget request amounts sufficient to fund the wages and benefits provided by this Agreement, but makes no guarantee as to passage of such budget requests or voter approval thereof. ARTICLE 20 - TERMINATION AND REOPENING This agreement concludes all collective bargaining between the parties during the term of this Agreement, and shall be effective July 1, 1994 and shall remain in full force and effect until June 30, 1997. This Agreement shall automatically be renewed from year to year thereafter unless either party notifies the other in writing not later than 90 days prior to the expiration date of this Agreement of their intent to modify or terminate the Agreement. Negotiations shall begin no later than 30 days after notice is given unless otherwise mutually agreed. If such notice is not given, this Agrecment between CITY OF ASHLAND and TF-AMSTERS LOCAL UNION NO. 223 21 Agreement may be subsequently reopened for modification upon 60 days written notice; however, the Agreement shall remain in full force and effect during the period of negotiations. TEAMSTERS LOCAL UNION NO. 223 INTERNATIONAL BROTHERHOOD OF Date: CITY OF ASHLAND, OREGON ASHLAND CITY COUNCIL Ratified on: August 2, 1994 Catherine M. Golden, Mayor Attested to' Nan E. Franklin, City Recorder Agreement between CITY OF ASHLAND and TF~MSTERS LOCAL UNION NO. 223 22 "APPENDIX A" CLASSIFICATIONS WITHIN BARGAINING UNIT Police Officer Clerk-Dispatcher Parking Control officer Community Services officer Youth Diversion officer CLASSIFICATIONS EXCLUDED FROM BARGAINING UNIT Sergeant and above in rank Confidential Employees Police Reserves, as set forth in General Order #82-001 republished as of 5-27-82 Irregular part-time employees who do not work a set schedule or who work less than an average of 20 hours per week Seasonal and temporary employees who are hired to work on a temporary basis for an undefined period of time Agreement between CITY OF ASHLAND and TF~a, MSTERS LOCAL fINION NO. 223 23 APPENDIX "B" WAGE SCHEDULE A. Effective July 1, 1994, January 1, 1995, the following wage rates shall apply. CLASSIFICATION Clerk/Dispatcher First six months Next 12 months Next 12 months Next 12 months Thereafter HOUR\(MONTH) Eff. 7/1/94 HOUR\(MONTH) Eff. 1/1/95 $10.39 (1801) $10.86 (1882) 11.00 (1907) 11.50 (1993) 11.54 (2000) 12.06 (2090) 12.12 (2101) 12.67 (2196) 12.88 (2232) 13.46 (2333) Police officer First six months Next 12 months Next 12 months Next 12 months Next 12 months Thereafter $12.24 (2122) $12.79 (2217) 12.91 (2238) 13.49 (2338) 13.44 (2330) 14.04 (2434) 13.98 (2423) 14.61 (2532) 14.78 (2562) 15.45 (2678) 15.55 (2695) 16.25 (2817) Parking Control officer First six months Next 12 months Next 12 months Next 12 months Thereafter 7.90 $ 8.26 8.39 8.77 8.88 9.28 9.43 9.85 10.02 10.47 Community Services Officer First six months $ 9.35 Next 12 months 9.84 Next 12 months 10.36 Next 12 months 10.90 Next 12 months 11.47 (1621) $ 9.77 (1693) (1706) 10.28 (1782) (1796) 10.83 (1877) (1889) 11.39 (1974) (1988) 11.99 (2078) Youth Diversion officer First six months Next 12 months Next 12 months Next 12 months Next 12 months $11.75 (2037) $12.28 (2128) 12.46 (2160) 13.02 (2257) 13.21 (2290) 13.80 (2392) 13.99 (2425) 14.62 (2534) 14.83 (2570) 15.50 (2687) Effective July 1, 1995, the July, 1994 wage rates shall be increased a percentage amount based on the U.S. City Average CPI-W, March, 1994 to March, 1995 period. There shall be a minimum wage increase of 3% and a maximum of 6%. Effective July 1, 1996, the July 1, 1995 wage rates shall be increased a percentage amount based on the U.S. city Average CPI-W, March, 1995 to March, 1996 period. There shall be a minimum wage increase of 3% and a maximum of 6%. CITY OF ASHLAND and TEAMSTERS LOCAL UNION NO. 223 24 APPENDIX "C" DETECTIVE ASSIGNMENT AND COMPENSATION Except as otherwise provided for in this Agreement, employees may be assigned to work as Detectives and shall be compensated as follows: Section 1. Compensation. Any member of the bargaining unit who is assigned to detective status shall be compensated an additional five percent (5%) over the monthly rate for Police officer set forth in "Appendix B" of this Agreement until relieved of such assignment. Section 2. Overtime. The Chief of Police may require any detective to work overtime in excess of the detective's normal eight (8) hour work day. The amount of overtime that may be required by the Chief of Police of the detective shall not exceed eight (8) hours in addition to the normal eight (8) hour work day. (i.e., maximum hours to be worked in one day is not greater than 16) In the event the Chief of Police requires a detective to work overtime the detective must then be scheduled for a like number of hours off within the same work week if, in the judgment of the Chief of Police it is at all possible to do so. (i.e., assume for purposes of illustration a work week of 8 AM to 4 PM, Monday through Friday -- if a detective were required to work ten (10) hours on Thursday, then he would normally expect to be scheduled for two (2) hours off on Friday. This would result in sequential work days consisting of 8 hours, 8 hours, 8 hours, 10 hours and 6 hours for a total work week of 40 hours). No detective shall be eligible for overtime compensation (at the 1 1/2 straight time rate) during his work week unless he is required by the Chief of Police to actually work more than 10 consecutive hours in a work day, or more than forty (40) hours within that particular work week. Each detective's work week shall consist of some five consecutive individual detective's work days. Each of the five (5) work days scheduled for any individual detective shall have the same tentatively designated starting time and the same tentatively designated quitting time allowing for eight (8) hours work to be accomplished, including one-half (1/2) hour for a meal period. Except for purposes of scheduling actual work in excess of eight (8) hours on a given day and/or scheduling like time off subject to the provisions contained herein, and except where an emergency requires immediate rescheduling of the work day~ no detective's tentative scheduling of starting and/or quitting time may be changed unless notice of such contemplated change is posted Agreement between CITY OF ASHLAND and TEAMSTERS LOCAL UNION NO. 223 25 on a department bulletin board at least seven (7) days in advance of the change. Section 3. Uniform Allowance. Any member of the bargaining unit who is assigned to detective status shall receive an in-lieu uniform allowance in cash of $40.00 per month for the period of time that such employee is assigned such status. Agreement between CITY OF ASHLAND and TEAMSTERS LOCAL UNION NO. 223 26 APPENDIX "D" CLASS DESCRIPTIONS POLICE OFFICER: At the entry level, the Police Officer performs patrol and/or investigation work in the protection of life and property and enforcing laws and ordinances; assists in maintaining security in the City holding cell. Work is reviewed by a superior officer for conformance with orders and regulations. Does related work as required. CLERK DISPATCHER: Employee performs clerical, prisoner custody and some general police work. Employee is primarily concerned with the performance of stenographic and related clerical tasks; however, the work is distinguished from that of the general clerical series by the necessity for handling women detained by the Police and for assistance in some investigations involving women. Clerical duties are normally performed with considerable independence after initial instructions, but the other assignments which require peace officer powers are usually performed under close supervision. Does related work as required. PARKING CONTROL OFFICER: Under the direct supervision of a Police Sergeant, patrols on foot or motorbike, enforces parking zones, issues citations for non-moving violations and gives assistance to the Public. Does related work as required. COMMUNITY SERVICES OFFICER: Performs routine non-hazardous technical, clerical, and administrative police duties. Specific duties may include the following: conducts investigations and writes and prepares reports on offenses; performs fingerprinting; photographs individuals and evidence; assists in retention, processing, transporting, returning and disposal of evidence; performs traffic control duties; performs relief dispatching; obtains warrants from court; assists public; testifies in court; performs home security checks; orders and inventories supplies; compiles and reviews statistics for police reports; participates in public education programs; maintains and updates department files and forms; acts as liaison between District Attorney's office and the police department; and other related duties as assigned. YOUTH DIVERSION OFFICER: Provides counseling services to at-risk, delinquent and pre-delinquent youth referred to the department. Coordinates the Police Department's Youth Diversion program. Establishes a liaison with schools and public organizations involved with you. Under the direction of the Division Commander~ this professional counseling assignment (a non-sworn position) is responsible for counseling delinquent and pre-delinquent youth in an attempt to prevent/reduce further acts of criminal behavior. Specific duties may include the following: counsels pre- delinquent/first-time youthful offenders and their families in both individual and group settings; provides law-related education and Agrecment between CITY OF ASHLAND and TEAMSTERS LOCAL UNION NO. 223 27 personal counseling to youth referred to the Youth Diversion Officer for law violations in an attempt to prevent crime and reduce recidivism; determines the disposition and character asessment of each juvenile referral; decides the proper approach to counseling, e.g. whether the case should be referred to another agency or handled informally. Work shifts are flexible to accommodate evening and weekend meetings. Agreement between CITY OF ASHLAND and TEAMSTERS LOCAL UNION NO. 223 28 APPENDIX "E" Lead Police Officer and Compensation Except as otherwise provided for in this Agreement, employees may be assigned to work as Lead Police Officer. Any Police officer who is assigned to Lead Police Officer status shall be compensated an additional five percent (5%) over the monthly rate for POlice officer set forth in "Appendix B" of this Agreement until relieved of such assignment. officers shall not be eligible for Acting in Capacity pay during the period of assignment as Lead Police Officer. Agreement bctwcen CITY OF ASHLAND and TEAMSTERS LOCAL UNION NO. 223 29