HomeMy WebLinkAbout1992-142 Agrmt - IBEW Union 659AGREEMENT
Between
THE CITY OF ASHLAND, OREGON
and
LOCAL UNION NO. 659
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
PREAMBLE
This Agreement is 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
Mayor and City Council or their designee(s) as the officials
directly responsible for the operation of the departments 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
Technical/Clerical Bargaining Unit of Ashland, Oregon, as set
forth in "Appendix A" but excluding confidential, supervisory 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 XIII hereof.
The parties agree as follows:
ARTICLE I
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.
ARTICLE II
UNION SECURITY AND CHECK-OFF
Section 1. Union Security. Ail employees covered by this
Agreement shall, as a condition of employment, commencing thirty
(30) days after hiring or transfer into the Bargaining Unit, (1)
become a member of the Union and maintain his or her membership
in the Union in good standing in accordance with its Constitution
and By-laws, (2) in the alternative, an employee must tender a
registration fee to the Union in such an amount as the Union may
prescribe (but in no event to exceed the initiation fee required
by Union members), and shall tender, monthly an agency fee as
established by the Union in an amount not to exceed the amount of
the monthly dues and per capita fees required of "BA" members in
his base wage rate.
An employee who is or who becomes a member of the Union
shall, as a condition of employment, maintain his membership in
the Union in good standing in accordance with its Constitution
and By-laws.
Upon written request from the Union, the City shall, within
twenty-one (21) calendar days, terminate the employment of any
employee who fails to comply with the requirements of this
Article.
Section 2. Check-Off. The city will, during the term of
this Agreement, deduct and remit monthly to the Financial
Secretary of the Union the normal and usual dues uniformly
required of its members or agency fees of any other employee as
provided for in Section 1 and shall voluntarily authorize the
City to do so. Such written authorization must be in lawful,
mutually acceptable form and shall be forwarded to the City
through the Business Manager of the Union.
The Financial Secretary of the Union will keep the City
currently advised of the monthly dues and agency fee to be
deducted from the wages of each employee who shall have filed the
required deduction authorization with the Union and the City.
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An employee may revoke his deduction authorization by
written notice directed to the city and the Union by registered
mail. Such revocation will be effective in the payroll month
following receipt of the notice.
Section 3. 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.
ARTICLE III
MANAGEMENT RIGHTS
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 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 Administrator 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 service.
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.
8. To determine the content of job classifications.
9. To take all necessary action to carry out its mission in
emergencies, and,
10. To exercise complete control and discretion over its
organization and the technology of performing its work.
ARTICLE IV
STRIKE AND LOCKOUT PROHIBITION
Section 1. The Union and its members, as individuals or as
a group, will not initiate, cause, permit or participate or join
in any strike, work stoppage, or slowdown, picketing or any other
restriction of work at any location in the City. Employees in
the bargaining unit, while acting in the course of their employ-
ment, shall not honor any picket line established in the City
unless such is sanctioned by the Southern Oregon Central 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 or by whether such subject matter is or is not subject
to the grievance and arbitration provision of this Agreement.
Disciplinary action, including discharge, may be taken by the
City against any employee or employees engaged in a violation of
this Article. Such disciplinary action may be undertaken
selectively at the option of the City and shall not preclude or
restrict recourse to any other remedies, including an action for
damages, which may be available to the city.
Section 3. There will be no lockout of employees in the
unit by the City as a consequence of any dispute arising during
the period of this Agreement.
ARTICLE V
HOLIDAYS
Section 1. Recoqnized Holidays. 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)
Independence Day (4th of July)
Labor Day (lst Monday in September)
Veteran's Day (November 11)
Thanksgiving Day (4th Thursday in November)
Day after Thanksgiving (4th Friday in November)
Christmas Day (December 25)
(Any day declared by the Governor, President or Mayor to be
a holiday)
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 leave.
Section 2. Holiday Pay. Regular employees shall receive
eight (8) hours pay for each of the Holidays listed above on
which they perform no work. In order to be eligible for Holiday
pay when no work is performed, an employee must work on his last
scheduled work day immediately prior to a Holiday and on his
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.
Section 3. Floating Holiday. A Floating Holiday effective
July 1, 1991, which for accounting purposes will be treated in
the following manner: "8" hours added to the vacation accruals
on July 1, 1991, and thereafter "2/3" of one hour and one day to
be added to each subsection of Section 1, Eligibility, Article
V__I.
ARTICLE VI
VACATIONS
Section 1. Eligibility. An employee shall be eligible for
vacation with pay in accordance with the following sections:
Section 1.1 Employees with less than five (5) full years of
continuous service shall accrue 7.33 hours of vacation for each
calendar month of service worked. (11 working days maximum.)
Upon completion of the fifth full year of continuous service, an
employee will in addition be awarded 2 longevity days off (for a
maximum total of 13 working days).
Section 1.2 Employees with more than five (5) but less than
ten (10) full years of continuous service shall accrue 8 2/3
hours of vacation credit for each calendar month of service. (13
working days maximum.) Upon completion of the tenth full year of
continuous service, an employee will in addition be awarded 3
longevity days off (for a maximum total of 19 working days).
Section 1.3 Employees with more than ten (10) but less than
fifteen (15) full years of continuous service shall accrue 10 2/3
hours of vacation credit for each calendar month of service. (16
working days maximum.) Upon completion of the 15th full year of
continuous service, an employee will in addition be awarded 3
longevity days off (for a maximum total of 19 working days).
Section 1.4 Employees with more than fifteen (15) but less
than twenty (20) full years of continuous service shall accrue 12
2/3 hours of vacation credit for each calendar month of service.
(19 working days maximum.) Upon completion of the 20th full year
of continuous service, an employee will in addition be awarded 2
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longevity days off (for a maximum total of 21 working days).
Section 1.5 Employees with more than twenty (20) full years
of continuous service shall accrue 14 hours of vacation credit
for each calendar month of service. (21 working days maximum.)
Section 2. Conti~uous Service. Continuous service for the
purpose of accumulating vacation leave credit, shall be based on
the regular paid hours worked by the employee. Time spent by the
employee on City-authorized/City-paid absences shall be included
as continuous service. Time spent on unpaid absences shall not
be counted as service, provided that employees returning from
such absences and employees on layoff status shall be entitled to
credit for service prior to the leave or layoff.
Section 3. Accrual Limitations. Vacation time must be
taken by an employee within twelve (12) months following their
eligibility date, or such vacation shall be deemed forfeited. An
employee who is about to lose vacation credit because of accrual
limitations may, by notifying the supervisor fifteen (15) days in
advance, absent himself or herself to prevent loss of this
vacation time. The City shall establish a procedure to notify an
employee thirty (30) days in advance of impending loss of accrued
vacation time. Employees who absent themselves under the
provisions of this section shall not be subject to disciplinary
action or loss of pay. Vacation leave shall not accrue during a
leave of absence without pay, or educational leave with pay in
excess of fifteen (15) calendar days. No payments shall be made
for vacation time lost by an employee because of accrual
limitations, unless failure to take vacation is caused by the
City's insistence that the employee be at work during a scheduled
vacation period.
~ection 4. Scheduling. Vacation times shall be scheduled
by the city based on the head of 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, such employee will be
permitted to exercise their right of seniority only once
annually. Employees shall exercise their choice by bidding in
seniority. The list shall be closed as of March 1st, and
subsequent changes shall be made only by mutual consent of the
parties. Vacation periods, to the extent consistent with
operating requirements of the City, shall be scheduled to require
the employee to take all accrued vacation credits in one
continuous period.
Section 5. Utilization. Vacation leave taken shall not be
in excess of that actually accrued at the time it is taken, and
in no case, may it be taken by a new employee prior to completion
of six (6) months satisfactory performance.
Section 6. 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 VII
HODRS 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 con-
stitute a regular day's work, and five (5) consecutive days,
normally beginning Monday and terminating Friday, shall
constitute a week's work. However, an employee may be scheduled
by the City for a workweek other than Monday through Friday,
which shall become his regular workweek.
Section 2. Work Schedules. Ail 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. Work schedules showing the
employee's shifts, workdays and hours shall be posted on
department bulletin boards.
Section 3. 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.
Section 4, Meal Periods. To the extent consistent with
operating requirements of the respective departments, a one-half
(1/2) hour meal period shall be scheduled in the middle of the
work shift which shall not be paid.
Section 5. Overtime Rates. Ail work performed outside of
regularly scheduled hours or days as set forth in this Article,
shall be compensated at the rate of time and one-half (1-1/2)
times the regular rate of pay.
Section 6. Compensatory Time. Overtime may be paid
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in the form of compensatory time off at the applicable rate,
subject to the approval of the Department Head or Designated
supervisor. All overtime shall be recorded by the employee and
must be approved by the Department Head or designated supervisor
in advance. The employee must designate whether he/she desires
pay or compensatory time off on the time sheet reporting the
overtime worked. Compensatory time shall be accrued on an annual
basis from June 1 to May 31, with any amount unused at May 31 to
be compensated as pay on the last pay check of June. Accrued
compensatory time shall not exceed forty (40) hours. Any time in
excess of forty (40) hours shall be compensated as pay.
ARTICLE VIII
SICK LEAVE
Section 1. Purpose. Sick leave is provided for the sole
purpose of providing financial security to employees and their
families. Under no circumstances shall the City grant an
employee sick leave with pay for time off from City employment
caused by sickness or injury resulting from employment other than
with the City of Ashland.
Section 2. Accumulation. Sick leave shall be earned for
the purposes stated herein by each eligible employee at the rate
of 8 hours for each full calendar month of service. Sick leave
may be accumulated to a total of seven hundred twenty (720) hours
and must be taken for the purposes specified in Section 3 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 thirty (30) calendar days.
Section 3, Utilization. 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, and the nature and expected length
thereof, as soon as possible prior to the beginning of the
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 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 (2) days prior to
payment of any sick 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 employee has been advised in advance of such
requirement.
The parties agree that when an employee must be away from
the job because of illness in the immediate family, such time off
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~ be granted by the department head on a day to day basis, and
charged against sick leave time on an hourly basis. If the
absence becomes prolonged, such time off may be charged against
accumulated vacation. Employees must keep their department head
informed as to their status to qualify under this provision.
Section 4. 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 thirty (30)
calendar days.
Section 5. 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.
Section 6. 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 his death or termination of
employment for whatever reason. Sick leave shall not accrue
during any period of leave of absence without pay.
ARTICLE VIII-A
FUNERAL LEAVE
Section 1. 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 the employee's spouse,
children, parents, grandparents, brother, sister, mother-in-law,
father-in-law. The employee will be paid his regular hourly rate
for any such days of excused absence which occur only during his
assigned workweek. An additional two (2) days leave may be
granted if the funeral is over 500 miles from Ashland, one-way.
__ARTICLE IX
OTHER LEAVES OF ABSENCE
SeQtion 1. Criteria and Procedure. Leaves of absence
without pay not to exceed ninety days may be granted upon estab-
lishment of reasonable justification, therefore, in instances
where the work of the department will not be seriously
9
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.
Section 2. Jut3 Du~. 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 him for such jury
service, and upon being excused from jury service for any day an
employee shall immediately contact his supervisor for assignment
for the remainder of his or her regular work day.
Section 3. Appearances. Leave with pay shall be granted
for an appearance before a court, legislative committee, judicial
or quasi-judicial body as a witness in response to 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 he may receive as witness fees.
Section 4. Required Court Appearances. Leaves of absence
with pay shall be granted for attendance in court in connection
with an employee's officially assigned duties, including the time
required for travel to the court and return to the employee's
headquarters.
Section 5. 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.
Section 6. 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 employees 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 leave of absence of up to thirty (30)
days without pay.
Section 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 (1) 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
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may 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.
Section 8. Failure to Return from Leave. Any employee who
is granted a leave of absence and who, for any reason, fails to
return to work at the expiration of said leave of absence, shall
be considered as having resigned 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 X
COMPENSATION
Section 1. Wa~e Schedule. Employees shall be compensated
in accordance with the wage schedule attached to this Agreement
and marked "Appendix B" which is hereby incorporated into and
made a part of this Agreement. When any position not listed on
the wage schedule is established, the City shall designate a job
classification and wage rate for the position and notify the
Union. If the Union does not agree that the classification or
wage rate is proper, the Union may submit the issue as a
grievance according to the grievance procedure.
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 time and one-half (1-1/2) the regular rate for overtime
work outside of the regularly scheduled workweek or workday, 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 one (1)
hour at time and one-half (1-1/2) for the work for which they are
called back. More than one call-back is permissable within the
one (1) hour period. Employees required to work over the initial
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call-back period, where more than one call-back is handled, will
be paid at the overtime rate to the nearest one-half (1/2) hour.
(a) Employees called for duty four (4) hours or more before
the beginning of their regular workday shall be paid at the
regular overtime rate from the time they are called until
relieved. If such an employee has worked a minimum of four (4)
hours and has had less than four (4) hours rest after he was
relieved, he shall receive the regular overtime rate of time and
one-half (1-1/2) for all hours worked during his normal workday.
Employees shall not be required to take time off during any
regular working day for the overtime worked or to be worked.
(b) Employees called for duty less than four (4) hours
before the beginning of their regular workday shall be paid at
the established overtime rate from the time they are called until
the beginning of their regular workday. Regular working hours
following shall be at the straight time rate.
Section 4~ Pay Periods. Employees shall be paid every
other Friday. Pay periods shall be for fourteen (14) days
beginning at 12:01 a.m. on Saturday, and ending on the fourteenth
(14th) day (Friday) at 12:00 p.m. Paydays shall be on the Friday
following the close of each pay period.
Section 5. Mileage. An employee required to report for
special duty or assignment at any location other than his
permanent reporting location and who is required to use his
personal automobile for transportation to such location, shall be
compensated at the City established rate per mile for the use of
such automobile directly in the line of duty.
Section 6. Members of this unit employed as of July 1, 1981
and July 1, 1982 shall receive a lump sum payment of 1-1/2% of
their July 1, 1981 monthly salary times 12. Members employed
after July 1, 1981 shall receive a lump sum payment of 1-1/2% of
their monthly starting salary times the number of full calendar
months of their employment through June 30, 1982.
ARTICLE XI
DISCIPLINE AND DISCHARGE
Section 1. No regular employee as defined in Article XII
may be disciplined except for just cause. 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 is a direct
hindrance to the effective performance of City functions, shall
be considered just cause for disciplinary action. Such cause may
also include misconduct, inefficiency, incompetence,
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insubordination, misfeasance, malfeasance, the willful violation
of department rules or for political activities forbidden by
State law.
Section 2. Discipline for just cause may include the
following:
1. Oral reprimand.
2. Written reprimand.
3. Demotion.
4. Suspension.
5. Discharge or dismissal.
Section 3. An employee may be suspended from employment,
with or without pay, while charges against the employee are
investigated. Such a suspension may be for no more than five (5)
working days, unless mutually extended by the parties. If the
charges are not cleared completely a suspension without pay, or
any part of such suspension, may be determined to be part of the
discipline, effective the date of the suspension.
Section 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,
discipline or 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
the charges are not cleared completely, and discharge is the
discipline imposed the termination date will be the date of
suspension.
~ection 5. Any disciplinary action imposed upon an
employee, if protested, shall be protested only as a griveance
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 in public.
Section 6. This Article shall not apply to any employee on
probation as defined in Article XIII.
ARTICLE XII
SETTLEMENT O~ 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:
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~TEP 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 II. 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 Department Head 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 appropriate
Department Head 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 Administrator of the City
or his designee(s), within seven (7) days after the response
specified in STEP II is due. The City Administrator or his
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 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 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 (2) 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 as soon as
possible on the disputed matter and shall render a decision
within thirty (30) days which shall be final and binding, on the
parties and the employee. The arbitrator shall have no right to
amend, modify, nullify, ignore or add provisions to the
Agreement, but shall be limited to consideration of the
particular issue(s) presented to him. His decision shall be
based solely upon his 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 proceedings, it may cause such a record
to be made, provided it pays for the record.
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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. If any grievance is not
answered by the City within the time limits specified above, such
grievance shall be deemed granted.
sction 2. 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 hereof, shall not interfere with their's
or other employee's 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. Seniority. Seniority shall be a full time
employee's length of continuous service with the bargaining unit,
dating from his last date of hire, and shall apply by job classi-
fication within his/her department in the matter of layoff,
recall and vacation. Seniority for regular part-time employees
shall be accrued based on their equivalent number of hours worked
rather than on calendar months or years (for example, a regular
part-time employee who started work on January 2nd and worked
exactly 30 hours every week, would have nine months seniority as
of the next January 2nd).
In the event of layoff, such employee may exercise his
seniority in a lower job classification within the department
provided that employee is qualified by prior training or
experience to do the work of the lower job classification.
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) funeral leave; (6) jury duty; and (7) promotion to a
supervisory position outside of the bargaining unit for two (2)
15
years.
Section 2. Suspension of Seniority. Seniority shall be
retained, but shall not continue to accrue during, (1) authorized
sick leave or disability leave in excess of thirty (30) calendar
days; (2) educational leave requested by the employee; (3)
military leave; (4) other authorized leaves of absence up to
ninety (90) calendar days.
Section 3. Termination of Seniority. 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 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) if
he is retired.
Section 4. 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.
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
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 Probationary Period. Regular
employees promoted into a higher classification shall serve a
promotional probationary period of six (6) full months. The City
may demote an employee on promotional probationary status to the
previous position. Demotion of an employee on promotional
probationary status shall not be subject to the grievance
procedure under Article XII.
16
Section 6. Layoff and Recall. 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 use any other means to return an employee
sooner.
Section 7. Job Announcements. The City agrees to post
announcement of vacancies in full-time positions within this unit
in City Hall in the employee's lunchroom and upstairs on the
bulletin board in the foyer at the top of the stairs for a
minimum of five (5) working days prior to the final filing date
for the position.
Section 8. Regular Employee. A regular full-time employee
is one hired for an indefinite tenure, not limited at time of
hire by a stated term or for a specific project.
Section 9. A permanent part-time employee is one whose
regular workweek is twenty (20) hours or more, not limited at
time of hire by a stated term or for a specific project.
Permanent part-time employees cumulative work hours shall not
exceed thirty (30) hours per week, except relief for a regular
employee who is expected to return (i.e., vacation, sick leave,
etc.) or unless hours are extended by mutual agreement.
Section 10. Reqular Part-Time Employee Benefits. Regular
part-time employees shall accrue and be allowed vacation and sick
leave with pay on a pro-rated schedule based on their hours
worked using the hourly equivalent accrual rate for full-time
employees, holiday pay only if the holiday occurs during their
normally scheduled hours, and premiums for the employee only paid
by the City for health related insurances.
Section 11. Part-Time and Temporary Employee Compensation
and Probationary Period. Part-time and temporary employees in a
classification covered by this Agreement shall be compensated in
accordance with this Agreement. Provided, however, that
scheduled pay increases and completion of probationary period
will occur based on their equivalent number of hours worked
rather than on calendar months or years. (i.e., part-time
employees must work 1040 hours to get their first step raise and
2080 hours for their next step raise.)
ARTICLE XIV
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, age or national origin. The Union shall share equally with
17
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.
Section 2. Bulletin Boards. The City agrees to furnish and
maintain a suitable bulletin board in a convenient place in the
work or assembly area to be used by the Union. The Union shall
limit its postings of Union notices and bulletins to such
bulletin board; which shall be used only for the following Union
notices and bulletins:
(a) Recreational and social affairs of the Union
(b) Union meetings
(c) Union elections
(d) Reports of Union committees
(e) Rulings or policies of the International Union
Section 3. Visits by Union Representatives. The City
agrees that accredited representatives of the International
Brotherhood of Electrical Workers, Local Union 659, 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 City Administrator
or is designated representative.
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.
Section 5. Existing Conditions. Only such existing and
future work rules and benefits as are specifically covered by the
terms of this Agreement shall be affected by recognition of the
Union and the execution of this Agreement. It is further agreed
that if modification of work rules or benefits covered by a
specific provision of this Agreement is proposed any such
modification shall be posted prominently on all bulletin boards
for a period of seven (7) consecutive days prior to
implementaton.
Section 6. Other Employment. Outside employment shall be
permitted only with the express prior written approval of the
18
City, which may at any time, upon reasonable grounds, revoke
permission to hold such outside employment.
Section 7. 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 when the complement of regular employees
is temporarily reduced by reason of absence of any employee due
to illness or other legitimate reasons, or where the workload is
temporarily increased, or for the purposes of instruction or
training.
Section 8. Uniforms, Protective Clothing and Devices. If
an employee is required to wear a uniform, protective clothing or
use any type of protective device, such article shall be
provided, maintained and cleaned by the City. Replacements shall
be provided by the City upon surrender of the article, at not
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 an 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 X.
Section 9. Utility Discount. Ail regular fulltime
employees shall receive a twenty-five percent (25%) discount on
City domestic water, sewer and electric utilities.
ARTICLE XV
CLASSIFICATIONS - WORK RULES - SAFETY
Section 1. Classifications and Descriptions. The general
classifications of labor which shall be recognized throughout
this Agreement shall be those set forth in "Appendix A".
Section 2. Safety Rules. The Federal regulations and the
Safety Rules of the State shall be observed and copies shall be
made available by the City and the Union. The rules provide the
minimum standards of safety to be observed by the City and the
employee.
ARTICLE XVI
HEALTH - WELFARE - RETIREMENT
Section 1. Health-Dental-Welfare. The City agrees to
maintain existing or equal or better insurance plans at present
employee/family coverage levels including full premium payments.
Those plans and employee/family coverage levels are:
19
(a) Blue Cross Option V "A" Health Insurance - family
coverage.
(b) Standard Life Insurance Co. life insurance - family
coverage.
(c) Standard Life Insurance Salary Continuation plan -
employee only.
(d) Blue Cross Dental Insurance - Plan No. 3 - family
coverage.
(e) Blue Cross - UCR Vision Plan - family coverage.
(f) Mercy Flight Insurance family coverage.
(g) Twenty-two dollars ($22.00) per month increase on the
paycheck to offset the Plan V "A" deductible for the
term of the agreement, effective August 1, 1991.
(h) WELL-BABY CARE. First in-hospital exams, six other
exams the first year and three exams the second year,
to a maximum of $100 each exam, including inoculations,
lab and/or x-ray expenses.
(i) INOCULATIONS, IMMUNIZATIONS AND ALLERGY INJECTIONS.
Inoculations, immunizations and allergy injections will
be paid for all age groups on the basis of eligible
charges based upon Jackson County Health Department
charges.
(j) ANNUAL BREAST AND PELVIC EXAM. Payment based on the
eligible charges will be made for a breast exam and
pelvic exam per year for all females age 18 and over,
up to a maximum of $175 per year for both exams,
including x-rays (mammogram) and lab work.
(k) ROUTINE PHYSICAL EXAMS. Routine physical examinations
will be provided for employees and dependents as
follows:
Age 2-18 ....... once every 3 years up to a $50 max.
Age 19-34 ...... once every 5 years up to a $140 max.
Age 35-59 ...... once every 2 years up to a $140 max.
Age 60 and over --- once every year up to a $140 max.
Section 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 (1/2) of unused sick leave will
be applied to retirement as provided in ORS. The City will also
assume or pay the employees contributions required by ORS 237.071
for all employees covered by this Agreement at a uniform rate of
six percent (6%).
The city of Ashland agrees to include the I.B.E.W. Clerical
Union in any discussion and study of a MediCheck 65 retirement
benefit subject to the following restrictions:
20 years' service with the City.
A $40 cap.
Available age 60 through 65.
2O
Section 3. Medical Coverage for Retirees. Any employee
retiring after July 1, 1992 with twenty (20) or more years of
full-time service with the City, and who is age 60 or older,
shall be eligible for a monthly payment of $40.00 towards Blue
Cross Medicheck 65 insurance coverage or its equivalent. This
payment shall be available to age 65.
A joint committee of two members from the City and two
members of the Union will meet and review annually the retiree
medical payments during the term of the Agreement with the intent
of mutual consent to improvements in that program.
ARTICLE XVII
WORKER'S COMPENSATION
Section 1. Worker's Compensation. Ail employees will be
insured under the provisions of the Oregon State Worker's
Compensation Act for injuries received while at work for the
City.
Section 2. Supplementary Payment. Compensation paid by the
City for a period of sick leave also covered by Worker's
Compensation shall be equal to the difference between the
Worker's Compensation pay for lost time and the employee's
regular wage rate.
ARTICLE XVIII
LIABILITY INSURANCE
The City shall purchase liability insurance in the maximum
amounts set forth in ORS 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 premium for such insurance shall be 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.
21
Section 2. Fundinq. 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 limita-
tions, 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 AND REOPENING
This Agreement shall be effective as of the first day of
July, 1992, and shall remain in full force and effect through the
30th day of June, 1997, and shall terminate all prior Agreements
and practices and concludes all collective bargaining during the
term of this Agreement and provided that:
This Agreement shall be automatically renewed from year
to year thereafter unless either party shall notify the
other in writing not later than ninety (90) days prior
to the expiration or subsequent anniversary date that it
wishes to modify this Agreement for any reason. Such
notification shall include the substance of the
modification and the language with which such desired
motifications are to be expressed. In the event that
such notice is given, negotiations shall begin not later
than thirty (30) days after said notice. This Agreement
shall remain in full force and effect during the period
of negotiations.
LOCAL UNION NO. 659 INTERNATIONAL
BROTH~/RH,OOD OF ~LECTRICAL WORKERS
By ,~ /~
Date~J
22
CITY OB ASHLAND, OREGON
Date r~ ",)-
Approved: ASHLAi'I'D CITY COUNCIL
By.
Mayor
Date
AtteSt .~ ,~,- , , ..... ~,,,
city Recorder
Date
APPENDIX "A"
Electrical Inspector
Staff Accountant/EDP
Associate Planner
Building Inspector .
Assistant Planner
Engineering Technician I
Engineering Technician II
Enginearing Technician III - Assistant Surveyor
Administrative Secretary (Planning), Court Clerk II
Account Clerk
Secretary
Court Clerk I
Clerk II
Clerk I
Energy Analyst and Inspector
Building Maintenance - Warehouse Worker II
Building Maintenance Worker
Programmer
Account Representative
23
APPENDIX "B"
IBEW - CLERICAL/TECHNICAL
WAGE SCHEDULE
EFFECTIVE 7-1-92
CLASSIFICATION
Electrical Inspector
First Six Months
Next 12 Months
Next 12 Months
Next 12 Months
Thereafter
Staff Accountant/EDP
First six Months
Next 12 Months
Next 12 Months
Next 12 Months
Thereafter
Associate Planner
First Six Months
Next 12 Months
Next 12 Months
Next 12 Months
Thereafter
Buildin~ Inspector(l)
First Six Months
Next 12 Months
Next 12 Months
Next 12 Months
Thereafter
Assistant Planner
First Six Months
Next 12 Months
Next 12 Months
Next 12 Months
Thereafter
Engineering Tech I
First six Months
Next 12 Months
Next 12 Months
Next 12 Months
Thereafter
(2)
$15.09
15.86
16.64
17.48
18.34
$2,616
2,749
2,884
3,030
3,179
13.53
14.34
15.20
16.11
17.07
2,345
2,486
2,635
2,792
2,959
12.88
13.57
14.26
15.13
15.89
2,233
2,352
2,472
2,623
2,754
12.00
12.73
13.50
14.31
15.19
2,080
2,207
2,340
2,480
2,633
10.14
10.76
11.39
12.09
12.82
1,758
1,865
1,974
2,096
2,222
9.21
9.77
10.32
10.97
11.64
1,596
1,693
1,789
1,901
2,018
24
CLASSIFICATION
EFFECTIVE 7-1-92
Engineering Tech II (2)
First Six Months 11.43
Next 12 Months 12.15
Next 12 Months 12.90
Next 12 Months 13.69
Thereafter 14.47
1,981
2,106
2,236
2,373
2,508
Engineering Tech III - Assistant Surveyor
First six Months 14.38 2,493
Next 12 Months 15.10 2,617
Next 12 Months 15.86 2,749
Next 12 Months 16.64 2,884
Thereafter 17.49 3,032
Admin. Secy.(Planning]Court Clk
First Six Months 8.03
Next 12 Months 8.54
Next 12 Months 9.03
Next 12 Months 9.58
Thereafter 10.20
II
1,392
1,480
1,565
1,661
1,768
Account Clerk (3)
First Six Months
Next 12 Months
Next 12 Months
Next 12 Months
Thereafter
8.27
8.70
9.26
9.83
10.42
1,433
1,508
1,605
1,704
1,806
Secretary
First Six Months
Next 12 Months
Next 12 Months
Next 12 Months
Thereafter
7.67
8.13
8.59
9.14
9.69
1,329
1,409
1,489
1,584
1,680
court Clerk I
First Six Months
Next 12 Months
Next 12 Months
Next 12 Months
Thereafter
7.30
7.69
8.19
8.66
9.18
1,265
1,333
1,420
1,501
1,591
Clerk II
First six Months
Next 12 Months
Next 12 Months
Next 12 Months
Thereafter
7.09
7.49
7.96
8.44
8.93
1,229
1,298
'1,380
1,463
1,548
25
CLASSIFICATION
EFFECTIVE 7-1-92
Clerk I
First Six Months
Next 12 Months
Next 12 Months
Next 12 Months
Thereafter
6.03
6.37
6.74
7.17
7.58
1,045
1,104
1,168
1,243
1,314
Enerqy Analyst & Inspector
First Three Months-
Trainee 9.21
Next Six Months 11.21
Next 12 Months 11.92
Next 12 Months 12.63
Next 12 Months 13.37
Thereafter 14.21
1,596
1,943
2,066
2,189
2,317
2,463
Bldq Maint/Warehouse Worker II
First Six Months 8.42
Next 12 Months 8.94
Next 12 Months 9.48
Next 12 Months 10.05
Thereafter 10.71
1,459
1,550
1,643
1,742
1,856
Bldg Maintenance Worker
First Six Months 6.62 1,147
Next 12 Months 7.01 1,215
Next 12 Months 7.44 1,290
Next 12 Months 7.89 1,368
Thereafter 8.34 1,446
Proqrammer
First Six Months 11.89 2,061
Next 12 Months 12.57 2,179
Next 12 Months 13.29 2,304
Next 12 Months 14.05 2,436
Thereafter 14.85 2,574
Account Representative
First Six Months 12.61
Next 12 Months 13.33
Next 12 Months 14.10
Next 12 Months 14.91
Thereafter 15.77
2,186
2,311
2,444
2,584
2,733
(1) To be reduced by 2.5% for Class B Certification; 5% for
Class C Certification; and 7.5% for Trainee Certification.
(2)
To be increased by 2.5% for either L.S.I.T. or E.I.T.
Certification or 5% for R.L.S.
26
(3)
Plus $100.00 a month when assigned payroll responsibilities
(To be reevaluated at the time incumbent leaves the
position).
NOTE: During anytime that the city pays the employees
contribution to PERS as required by ORS 237.071, six percent (6%)
will be added to the wage rates shown on the attached schedule
for the purpose of salary comparisons and computing inequity
adjustments. All rates are hourly rates. Monthly rates are for
information purposes only.
A. Employees assigned to established special projects, for
extended periods of time, which require substantially increased
responsibilities and duties, compared to their normal assignment
and job description, shall receive additional compensation. At
the time of the assignment the employee and his/her supervisor
shall discuss the matter of additional compensation.
B. Salary Increases:
Wage rate increase effective July 1, 1993, 1994, 1995,
1996 based on the March to March U.S. city Urban Wage
Earners and Clerical Workers Consumer Price Index, with
a guaranteed minimum salary increase of 3% and a
maximum salary increase of 6%.
July 1, 1993, 1994, 1995, 1996 the City and Union will
discuss 2% as a salary increase for two positions, with
the Union and the city mutually agreeing on which
positions will get the increase. The City reserves the
right to pay more than this 2% if it believes such an
increase is warranted.
Municipal Court Clerk I increases by 4% effective
January 1, 1993, and 4% on July 1, 1993. This would be
in addition to any cost of living increases.
C. Effective 8-1-91 the City will pay increases in present
Health and Welfare package during the term of the agreement.
D. Effective 7-1-91 Certification Pay of 5% as follows:
1)
The employee must be working in the field of the
certification and the program must relate to the
employee's work.
The Parties above must mutually approve of the program
leading to certification prior to the employee entering
into the program.
27
4)
Certification Pay will become effective the first of the
month following the employee's satisfactory completion
of the program, i.e., evidence of satisfactory
completion by the institution acceptable to the parties.
Upon mutual agreement of the parties an equivalency must
be considered for an approved program not available
locally. Short term or inadequate programs will not be
considered.
LOCAL UNION NO. 659
INTERNATIONAL BROTHERHOOD
OF ELECTRICAL WORKERS
!
Date ¢-
CITY OF ASHLAND, OREGON
Date
28