HomeMy WebLinkAbout1991-037 Agrmt- IBEW Union 659 AGREEMENT
Between
THE CITY OF ASHLAND, OREGON
and
LOCAL UNION NO. 659
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
PREAMBLE
This Agreement made and entered into by the City of Ashland,
Oregon, hereinafter referred to as the "city" and Local Union No.
659 of the International Brotherhood of Electrical Workers,
hereinafter referred to as the "Union". Unless indicated
otherwise, references to the "city" herein shall include the
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 Electric
Department, Ashland, Oregon, as set forth in "Appendix A" but
excluding clerical employees, confidential and supervisory
employees, and seasonal employees.
Where the term "employee" is used, it shall mean regular
employees er probationary employees within the bargaining unit,
as the same are defined in Article XIII hereof.
The parties agree as follows:
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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
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 Bylaws, (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
of 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 or her base wage rate.
Any employee who is or who becomes a member of the Union
shall, as a condition of employment, maintain his or her
membership in the Union in good standing in accordance with its
Constitution and Bylaws.
Upon written request from the Union, the Company shall,
within twenty-one (21) calendar days, terminate the employment of
any employee who fails to comply with the requirements of this
Article.
SeQtion 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 as 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.
An employee may revoke his or her 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
The Union recognizes the prerogative of the City to operate
and manage its affairs in all respects in accordance with its
responsibilities and the powers or authority which the City has
not expressly abridged, delegated or modified by this Agreement
are retained by the City.
It is understood and agreed that the City possesses the sole
and exclusive right to operate the City through its City
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 services.
3. To direct its employees.
4. To discipline or discharge for just cause.
5. To relieve its employees from duty because of lack of
work, finances, or other legitimate reasons.
6. To maintain the efficiency of governmental operations.
7. To determine the methods, means and personnel by which
government operations are to be conducted, except that
the City will not contract any work which is ordinarily
done by its regular employees for the specific purpose
of laying off or demoting such employees, and will
furnish the Union with a copy of any contract entered
into involving work covered by this contract.
8. To determine the content of job classifications.
9. To take all necessary action to carry out its mission in
emergencies.
10. To exercise complete control and discretion over its
organization and the technology of performing its work.
ARTICLE IV
STRIKE AND LOCKOUT PROHIBITION
Section !m 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 Labor Council.
SeG%ion 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. Recognized 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 25th)
Employee's Birthday (Beginning January 1, 1983)
(Any day declared by the Governor or President as a holiday)
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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 Pa~. Regular employees shall receive
eight (8) hours of pay for each of the holidays listed above on
which they perform no work. In order to be eligible for holiday
pay when no work is performed, an employee must work on his or
her last scheduled work day immediately prior to a holiday and on
his or her first scheduled work day immediately following the
holiday, unless prior approval is granted, as in the case of
illness or if the holiday falls within a vacation period.
ARTICLE VI
VACATIONS
Section 1. Eligibility. An employee shall be eligible for
an annual vacation time with pay on January 1st of each year in
accordance with the following sections:
Section 1.1 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 (ten (10)
working days maximum).
SeQtion %.2 Employees with more than four (4), but less
than fourteen (14) full years of continuous service shall accrue
ten (10) hours of vacation credit for each calendar month of
service (fifteen (15) working days maximum).
Section 1.3 Employees with more than fourteen (14), but
less than twenty-five (25) full years of continuous service,
shall accrue thirteen and one-third (13.33) hours of vacation
credit for each calendar month of service (twenty (20) working
days maximum).
~ection 1.4 Employees with more than twenty-four (24) full
years of continuous service shall accrue sixteen and two-thirds
(16.67) hours of vacation for each calendar month of service
(twenty-five (25) working days maximum).
Section 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, the first ninety
(90) calendar days of sick leave resulting from an injury
incurred in the course of employment, and authorized educational
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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.
Section 3. AQ~rua~ Limitations. Vacation time must be
taken by the employee within twelve (12) months following the
date of eligibility, or such vacation shall be deemed forfeited.
An employee who was about to lose vacation credit because of
accrual limitations may, by notifying his or her supervisor
fifteen (15) days in advance, absent theirself 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. Such action taken by the employee
shall not constitute a basis for disciplinary action or loss of
pay. Vacation leave shall not accrue during a leave of absence
without pay, educational leave with pay in excess of fifteen (15)
calendar days, or authorized sick leave or disability leave in
excess of ninety (90) calendar days. No payment shall be made
for vacation time lost by an employee because of accrual
limitations, unless the failure to take vacation is caused by the
City's insistence that the employee be at work during a scheduled
vacation period.
SeCtion 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, such employee will be permitted to exercise
his or her right of seniority only once annually. The vacation
schedule shall be posted annually as of December 1st, and
employees shall exercise their choice by bidding in seniority.
The list shall 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 be in weekly units except by mutual consent of
the parties. For the purpose of scheduling only, if an employee
reaches a higher accrual rate during the year, January 1st of the
following year he or she will be credited for a full twelve (12)
months at the higher accrual rate for the purpose of scheduling
vacation in the ensuing year. Provided, however, that when an
employee leaves employment with the City, the dollar value of any
advanced vacation that has been taken will be deducted from the
employee's final paycheck.
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Section 5. Payment on Termination. In the event of the
death or termination of an employee during the initial twelve
(12) months of his or her employment, no payment in lieu of
vacation shall be made. In the event of death or termination of
employment after an employee has served for twelve (12) months,
and is otherwise eligible for vacation credits, the employee
shall be entitled to payment for accrued vacation leave at the
rate of the date of eligibility. In the event of death, earned
but unused vacation leave shall be paid in the same manner as
salary due the deceased employee is paid.
ARTICLE VII
HOURS OF WORK 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. ~ours of Work. To the extent consistent with
operating requirements of the City, eight (8) hours shall
constitute 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 or her 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. Except for emergency situations and
for the duration of the emergency, changes in work schedules
shall be posted seven (7) days prior to the effective date of the
change.
Hours of work between May 15 and September 15 of each
year will be between 7:00 a.m. and 3:30 p.m. with lunch
break. The Connect and Disconnect Man will work from
8:00 a.m. to 4:30 p.m. with lunch break.
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.
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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 two (2) times the regular
rate of pay.
ARTICLE VIII
SICK LEAVE
Section 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 seven hundred twenty (720)
hours and must be taken for the purposes specified in Section 2
hereof as a condition precedent to any sick leave payment. Sick
leave shall not continue to accrue during authorized sick leave
or disability leave in excess of ninety (90) calendar days.
Section 2. Utilization for Illness or 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, and the nature and expected
length thereof, as soon as possible prior to the beginning of his
or her scheduled regular work shift, unless unable to do so
because of the serious nature of injury or illness. A
physician's statement of the nature and identity of the illness,
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 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
employee has been advised in advance of such requirement.
Section 3. Integration with Worker's Compensation. When an
injury occurs in the course of employment, the City's obligation
to pay under this sick leave article is limited to the difference
between any payment received under Worker's Compensation laws and
the employee's regular pay. In such instances, no charges will
be made against accrued sick leave for the first ninety (90)
calendar days.
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Section 4. Sick Leave Without Pay. Upon application by the
employee, sick leave without pay may be granted by the City for
the remaining period of disability after accrued sick leave 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 5. Termination. Sick leave is provided by the City
in the nature of insurance against loss of income due to illness
or injury. No compensation for accrued sick leave shall be
provided for any employee upon his or her death or termination of
employment, for whatever reason. Sick leave shall not accrue
during any period of leave of absence without pay.
Section 6. Compensation For Not Using Sick Leave.
Employees who accumulate 720 hours of sick leave and who
thereafter use 16 or less hours of sick leave in a calendar year
shall be rewarded for not using sick leave. Such employees shall
be paid at their December 31st hourly rate for 25% of the unused
sick leave hours over 720 accumulated as of January 1st.
ARTICLE VIII A
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, mother-in-law, father-in-law, and
grandparents. The employee will be paid his or her regular
hourly rate for any such days of excused absence which occur only
during his or her assigned workweek. No pay shall be granted if
the employee does not attend the funeral. An additional two (2)
days leave may be granted if the funeral is over 750 miles from
Ashland, one way.
ARTICLE IX
OTHER LEAVES OF ABSENCE
Section 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.
Section 2. Jury Duty. Employees shall be granted leave
with pay for service upon a jury; provided, however, that the
regular pay of such an employee for the period of absence shall
be reduced by the amount of money received by him or her for such
jury service, and upon being excused from jury service for any
day an employee shall immediately contact his or her 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 they may receive as witness fees.
Section 4. Required Court Appearances. Leaves of absence
with pay shall be granted for attendance in court in connection
with an employee's officially assigned duties, including the time
required for travel to the court and return to the employee's
headquarters.
Section 5. 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 employee be granted a leave of absence of up
to one (1) year without pay, renewable upon application.
Employees selected by the Union to attend conventions and related
Union activities, shall, upon written request of the Union and
the employees, be granted a leave of absence of up to thirty (30)
days without pay.
Section 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 or her
replacement shall be considered a temporary employee. Employees
may also be granted time off with pay for educational purposes,
for reasonable lengths of time, to attend conference seminars,
briefing sessions, training programs, and other programs of a
similar nature that are intended to improve or upgrade the
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employee's skill and professional ability, when ordered by the
employee's deDartment head.
Section 8. Military Leave. Military leave shall be granted
in accordance with ORS 408.290.
Section 9. Failure to Return From Leave. Any employee who
is granted a leave of absence and who, for any reason, fails to
return to work at the expiration of said leave of absence, shall
be considered as having resigned their position with the City,
and his or her position shall be declared vacated; except and
unless the employee, prior to the expiration of his or her leave
of absence, has furnished evidence that he or she is unable to
work by reason of sickness, physical disability or other
legitimate reason beyond his or her control.
ARTICLE
COMPENSATION
Section 1. Pay Schedule. Employees shall be compensated in
accordance with the pay schedule attached to this Agreement and
marked "Appendix B" which is hereby incorporated into and made a
part of this Agreement. When any position not listed on the pay
schedule is established, the City shall designate a job
classification and pay rate for the position. The Union shall be
notified and the pay rate established by the city shall be
considered tentative until the Union has been afforded the
opportunity to meet and discuss the matter. If the Union does
not agree that the classification or pay 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 two (2) times the regular rate for overtime work outside
of the regularly scheduled workweek or work day, but in no event
shall such compensation be received twice for the same hours.
All overtime shall be recorded by the employee and must be
approved by the department head or supervisor.
Scheduled overtime, time annexed to the beginning of the
work shift, or hold-over times annexed to the end of the work
shift, shall be considered overtime and shall not be considered
call-back time.
S~ction 3. Call-back Ti~e. Employees called back to work
shall receive overtime pay with a guaranteed minimum of two (2)
hours at double time for the work for which they are called back.
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However, employees called back to work to make connects or
disconnects shall receive overtime pay with a guaranteed minimum
of one (1) hour at double time for the work for which they are
called back. More than one call-back is permissible within the
call back period. Employees required to work over the initial
call-back period, where more than one call-back is handled, will
be paid at the overtime rate to the nearest one-half (1/2) hour.
Employees called for duty four (4) hours or more before
the beginning of their regular work day 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 or she was relieved, he or she
shall receive the regular overtime rate of double time
for all hours worked during his or her normal work day.
Employees shall not be required to take time off during
any regular working day for the overtime worked or to
be worked.
Employees called for duty less than four (4) hours
before the beginning of their regular work day shall be
paid at the established overtime rate from the time
they are called until the beginning of their regular
work day. Regular working hours following shall be at
the straight time rate.
Section 4. Pay Periods. Employees shall be paid every
other Friday. Pay periods shall be for 14 days beginning at
12:01 a.m. on Saturday, and ending on the 14th day (Friday) at
12:00 p.m. Pay days shall be on the Friday following the close
of each pay period.
Section 5. Standby Pay. When employees are required to
stand by for emergency services, they shall be compensated at the
rate of twenty percent (20%) of the straight time rate of pay for
the total number of hours of such standby period, and in
addition, they shall receive the applicable overtime rate of pay
for all time worked. The number of hours in a standby period
will be predetermined and the employee so advised in advance of
standby duty. The City may maintain a call list, which shall not
in itself entitle an employee to standby pay.
Section 6. Mileage. An employee required to report for
special duty or assignment at any location other than his or her
permanent reporting location and who is required to use his or
her personal automobile for transportation to such location shall
be compensated at the City's established mileage rate (presently
twenty and one-half (20 1/2) cents) per mile for the use of such
automobile directly in the line of duty.
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Section 7. Meals. Meals shall be provided at reasonable
City expense when employees are required to report to work two
(2) hours or less before their regular shift. Employees required
to work one and one-half hours beyond their regular shift shall
be provided a meal at City expense. If work continues after the
meal has been provided, employees shall be entitled to a meal at
four (4) hour intervals thereafter. On weekends and holidays,
meals shall be provided between the hours of 7:00 a.m. and 9:00
a.m., 11:00 a.m. and 1:00 p.m., and 5:00 p.m. and 7:00 p.m. and
at intervals of four (4) hours thereafter. The City shall pay a
reasonable amount for such meals as determined by the Director of
Electric Utilities.
ARTICLE XI
DISCIPLINE AND DISCHARGE
Section 1. Discipline.
following:
Disciplinary action may include the
a. Written reprimand
b. Demotion
c. Suspension
d. Discharge
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 good cause for disciplinary action. Such
cause may also include misconduct, inefficiency, incompetence,
insubordination, the willful giving of false or confidential
information, the withholding of information with intent to
deceive when making application for employment, willful violation
of departmental rules or for political activities forbidden by
State law. Any disciplinary action imposed upon an employee
shall be protested only as a grievance through the regular
grievance procedure.
Section 2. Discharge. An employee having less than six (6)
months of continuous service shall serve at the pleasure of the
City. An employee having continuous service in excess of six (6)
months shall be discharged only for cause. If the department
head or other supervisor determines that there is cause for
discharge, he or she shall suspend the employee without pay for
five (5) calendar days and shall deliver to the employee and the
Union a written notice of such suspension and pending dismissal.
Such notice shall specify the principal grounds for such action.
Unless otherwise resolved, the dismissal shall become effective
at the end of the five (5) day suspension. Protest of the
discharge of any employee shall be made only through the
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grievance procedure set forth in Article XII. The Union may
process a grievance concerning suspension or discharge, or both,
at Step II of the grievance procedure.
ARTICLE XII
SETTLEMENT OF DISPUTES
S~ction 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 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 Director of Electric Utilities
within seventy-two (72) hours, excluding Saturday and
Sunday, after the response specified in Step I is due. The
written notice shall include details of the grievance, the
section of this Agreement allegedly violated and the
specific remedy requested. The Director of Electric
Utilities shall respond to the Union representative in
writing within five (5) working days after receipt thereof.
STEP III. If the grievance still remains unadjusted, it may
be presented by the Union to the city Administrator of the
city or his or her designee(s), within seven (7) days after
the response specified in Step II is due. The City
Administrator or his or her designee(s), shall respond in
writing to the Union within five (5) working days.
STEP IV. If the grievance is still unsettled, either party
may, within ten (10) days after the reply of the City
Administrator is due, by written notice to the other,
request arbitration of the dispute under Step V herein.
STEP V. If the grievance is still unsettled, either party
may within ten (10) days of the decision of the City
Administrator or his or her designee(s) under Step IV have
the right to have the matter arbitrated by a third party
jointly agreed upon by the City and the Union. If the
parties are unable to agree upon an arbitrator, the American
Arbitration Association or other mutually agreed
organization shall be requested to submit a list of five
names. Both the City and the Union shall have the right to
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strike two names from the list. The party requesting
arbitration shall strike the first name and the other party
shall then strike one and the process shall be repeated and
the remaining person shall be the arbitrator. The City and
the Union shall meet in a pre-hearing conference and shall
prepare a submission agreement regarding the specific issues
in dispute. The designated arbitrator shall hear both
parties as soon as possible on the disputed matter and shall
render a decision within thirty (30) days which shall be
final and binding on the parties and the employee. The
arbitrator shall have no right to amend, modify, nullify,
ignore or add provisions to the Agreement, but shall be
limited to consideration of the particular issue(s)
presented to him or her. His or her decision shall be based
solely upon his or her 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. 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.
S~ction 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 this or
other employees' regular work assignments as employees of the
City. Contacts between the steward and employees or the Union
shall be made outside of working hours so as not to disrupt
regular City operations.
15
ARTICLE XII~
SENIORITY
Section 1. Seniority. Seniority shall be an employee's
length of continuous service with the bargaining unit, dating
from his or her last date of hire, and shall apply by job
classification in matter of layoff, recall and vacation. In the
event of a layoff, such employee may exercise his or her
seniority in a lower job classification within the Department.
Recall from layoff shall be in the reverse order of seniority.
The City reserves the right to lay off out of the order of
seniority if, in the City's judgement, retention of special job
skills is required. Seniority shall continue to accrue during
(1) authorized sick leave or disability leave up to ninety (90)
calendar days; (2) vacation leave; (3) authorized compensatory
time off; (4) educational leave required by the City~ (5)
military leave as specified in Article IX, Section 8; (6) funeral
leave; (7) jury duty; and (8) promotion to a supervisory position
outside of the bargaining unit for two (2) 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 ninety (90) calendar
days; (2) educational leave requested by the employee; (3)
military leave for disciplinary reasons; (4) election to a full-
time paid Union office up to one (1) year, renewable upon
application; and (5) other authorized leaves of absence of 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 or her seniority, whichever is
shorter; (6) fails to report for work at the termination of a
leave of absence; (7) if, while on a leave of absence for
personal health reasons, accepts other employment without
permission; or (8) if he or she 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 six
(6) full months after which they shall be considered a regular
16
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, and assignment
to educational courses and training programs, the requirement
that such employees attend training programs on their off-duty
time for which they will be compensated on a straight-time basis
by the granting of compensatory time off. Termination of a
probationary employee shall not be subject to the grievance
procedure under Article XII.
Section 5. Promotional 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 highest previous
position. Demotion of an employee on promotional probationary
status shall not be subject to the grievance procedure under
Article XII. It is the intent of this Agreement that promotional
opportunities shall first be extended to employees in the
bargaining unit, provided such employees are qualified to perform
the work in question. To this end, promotional opportunities
shall be posted for ten (10) working days before the job is
filled by a new employee. The City shall be under no obligation
to train an employee to become qualified, but shall give
preference to present employees who are qualified and apply for
such job opening. The city shall be the judge of an employee's
qualifications and ability. In the event two or more applicants
for a job opening are equally qualified, seniority shall prevail.
Section 6. Layoff and Recall. Recall from layoff exceeding
five (5) work days shall be by certified letter sent to the
employee at his or her last known address furnished to the City
by the employee. The City may use any other means to return an
employee sooner.
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
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
17
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
theirself 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 of assembly area to be used by the Union. The Union shall
limit its postings of Union notices and bulletins of such
bulletin board, which shall be used only for the following Union
notices and bulletins:
Recreational and social affairs of the Union
Union meetings
Union elections
Reports of Union committees
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 Director of
Electrical Utilities or his or her 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 working rules and benefits as are specifically covered by
the terms of this Agreement shall be affected by recognition of
the Union and execution of this Agreement. It is further agreed
that if modification of work rules or benefits covered by a
specific provision of this Agreement is proposed any such
modification shall be posted prominently on all bulletin boards
for a period of seven (7) consecutive days prior to
implementation.
Section 6. Other Employment. Outside employment shall be
permitted only with the express prior written approval of the
City, which may at any time, upon reasonable grounds, revoke
permission to hold such outside employment. The general
principles to be followed by the City in permitting or
restricting such outside employment shall be:
18
so
The need for mentally and physically alert electric
utility employees.
Insulating employees from potential conflict of
interest situations.
Maintaining efficiency unimpaired by other employment,
recognizing the nature of the job, requiring electric
utility employees to be available for emergency duty
twenty-four (24) hours a day.
Section 7. supervisory EmDloyees. It is understood that
supervisory employees not covered under this Agreement shall not
perform work within the jurisdiction of the Union except in the
case of an emergency, such as a customer outage when life or
property is endangered, and the complementary of regular
employees is temporarily reduced by reason of absence of any
employee due to illness or other legitimate reasons, or where the
work load is temporarily increased, or for purposes of
instruction or training.
Section 8. Uniforms, Protective 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 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. The City shall provide a safe place for
the storage of such articles. Failure of an employee to wear
such required uniform, protective clothing, or use such
protective device as prescribed by the city shall be cause for
disciplinary action as set forth in Article XI hereof.
Section 9. Response Time Requirement. Ail new regular
employees shall establish their residence within six months
employment, to enable them to report for emergency duty within
twenty five (25) minutes of notification including get ready and
travel time. Ail present 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.
Section ~0. Utility Discount. Ail regular employees shall
receive a twenty-five percent (25%) discount on City domestic
water, sewer, and electric utilities.
19
ARTICLE
C~SSI~ICATIONS - 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". Other
classifications may be added as the need arises by mutual
agreement between the parties.
Section 2. Work Rules. The following work rules shall
apply to the general classifications listed below:
On jobs having a Lead Working Line Installer, workers
are not to take orders, directions, or accept the
layout of any job from anyone, except such Lead Working
Line Installer. If such Lead Working Line Installer is
required to be absent from the job for an extended
period of time, a replacement shall be designated by
the City.
Ail work on transformers in the field (except testing)
shall be done by Line Installers. Shop repairs on
transformers may be done by other qualified personnel.
c. Switching of circuits shall be done by Line Installers.
Installation and maintenance of all direct burial
underground electrical circuits, both primary and
secondary, and of outdoor padmounted transformers used
in this type of installation, shall be done by regular
line crews.
Ail framing and erecting of poles or towers and
stringing of wire, shall be done by Line Installers,
assisted by Groundpersons and Line Truck Operators when
required.
Stubbing of poles may be done by Groundpersons, under
the supervision of a Line Installer.
Employees, while working on transmission line
structures or other towers at a height of seventy-five
(75) feet or more above ground or its equivalent, such
as a building roof, shall receive one (1) hour's
additional pay at regular straight time for each hour
worked at such height. This shall not apply to the
erection of new steel towers or to the original
installation of hardware and conductor on transmission
lines prior to energization.
20
Employees relieved from duty because of weather
conditions shall be paid until returned to
headquarters. If an employee does not return to
headquarters, they shall be paid only for time worked.
If employees report for work on a regular shift and it
is mutually agreed between the supervisor and the crew
Lead Working Line Installer that weather conditions are
such that they cannot work, they shall be paid for one
(1) hour at the straight time rate. When such is
deemed to be in the public interest, crews may be
requested to work regardless of weather conditions.
Time not worked because of adverse weather conditions
shall not affect vacation or sick leave accrual.
Apprentices shall be indentured under the Oregon State
Law and Plan of Apprenticeship to learn the trade under
the direct supervision of a line installer. An
apprentice shall be given the opportunity upon the
successful completion of three (3) years experience to
qualify theirself as a line installer by written
examination. Upon so qualifying, he or she shall be
reclassified to line installer status.
Section 3. Safety Rules. Electrical Workers Safety Rules
as promulgated by the Oregon State Workmen's Compensation Board,
and as amended from time to time, are hereby adopted and
incorporated as a part of this Agreement as is fully set forth
herein, and routine safety meetings shall be continued.
so
When working on live lines over 750 volts phase to
phase, it shall be the practice to have a Line
Installer assisting each Line Installer on such lines.
No worker shall be required to work on energized lines
exceeding 5,000 volts unless it is done by qualified
Line Installers using approved tools of the "hot stick"
variety.
In the interest of safety and in order to insure
continuity of electric service, the employee shall
promptly report any unsafe conditions noted in
connection with the City's facilities.
21
ARTICLE XVI
HEALTH, WELFARE AND RETIREMENT
~ection 1. Health and Welfare. The City agrees to pay the
full premium for the duration of this Agreement for the following
Health and Welfare benefits: Blue Cross Plan V "A" for the
employee and family. Plan V "A" will be maintained and benefits
and deductibles will not be reduced. Included will be the City
Wellness Program paid routine preventative medicine services
expenses for employee and family as shown below (Plan V "A" green
cover $100.00 deductible).
WELL-BABY CARE
First in-hospital exams, six other exams the first year
and three exams the second year, to a maximum of $100
each exam, including inoculations, lab and/or x-ray
expenses.
INOCULATIONS, IMMUNIZATIONS AND ALLERGY INJECT$ONS
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.
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.
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.
Blue Cross Plan III dental insurance policy for the employee
and family:
$20,000 life insurance policy for the employee with AD&D
supplement:
$1,000 life insurance policy for each of the employee's
dependents:
Salary continuation plan which provides 50% monthly salary
to a maximum payment of $1,000 per month:
22
vision Plan (U.C.R. Plan No. 2) for the employee and family
paid in full by the City:
Worker's Compensation insurance as required by law:
Employer's social security contribution as required by law.
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 of unused sick leave will be
applied to retirement as provided in ORS 237.153. The City will
assume or pay the employee contribution required by PERS for all
employees covered by this Agreement at a uniform rate of 6%.
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 pay 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
S~ction 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.
23
Section 2. Funding. The parties recognize that revenue
needed to fund the wages and benefits provided by the Agreement
must be approved annually by established budget procedures and,
in certain circumstances, by vote of the citizens of the City.
All such wages and benefits are therefore contingent upon sources
of revenue and, where applicable, annual voter budget approval.
The city has no intention of cutting the wages and benefits
specified in this Agreement because of budgetary limitations, but
cannot and does not guarantee any level of employment in the
bargaining unit covered by this Agreement. The City agrees to
include in its annual budget request amounts sufficient to fund
the wages and benefits provided by this Agreement, but makes no
guarantee as to passage of such budget request or voter approval
thereof.
ARTICLE XX
TERMINAT__ION AND REOPENING
This Agreement shall be effective as of the 1st day of July,
1991 and shall remain in full force and effect until the 30th day
of June, 1995 and shall terminate all prior Agreements and
practices and concludes all collective bargaining during the term
of this Agreement, provided however that:
ae
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
modifications 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.
By:
Date:
Attest:
Date:
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS,
LOCAL UNION NO. 659
APPROVED: International Office
IBEX, Washington, D.C.
Date:
24
CITY OF ASHLAND, OREGON
APPROVED: Ashland ~ity Council
"APPENDIX A"
CLASSIFICATIONS WIT~_HIN BARGAINING UNIT
Lead Working Line Installer
Line Installer
Line Installer/Service Person
Apprentice Line Installer
Electrician
Line Truck Operator
Electric Meter Repairer
Groundperson
Connect-Disconnect
Meter Reader
25
"APPENDIX B"
PAY SCHEDUL_~
CLASSIFICATION:
WAGE SCALE EFFECTIVE 7-1-91
Lead Working Line Installer .
Line Installer/Serviceperson.
Line Installer.
Apprentice Line Installer:
1st 6-months
2nd 6-months
3rd 6-months
4th 6-months
5th 6-months
6th 6-months
~Electrician.
(70% of line installer rate)
(73% of line installer rate)
(76% of line installer rate)
(80% of line installer rate)
(84% of line installer rate)
(90% of line installer rate)
Electric Meter Repairer .
Line Truck Driver .
Connect-Disconnect.
Meter Reader ..........
Groundperson .......
Groundperson, Meter Reader,
Connect-Disconnect:
1st 6-months.
2nd 6-months.
3rd 6-months.
4th 6-months.
$ 20.85
19.29
19.29
13.50
14.08
14.66
15.43
16.20
17.36
19.29
19.29
15.25
13.82
13.12
13.12
6.14
7.90
9.64
11.39
'To be increased by 2.5% for State Supervisory Electrician's
license.
26
July 1,
July 1,
July 1,
1992 through June 30, 1993
1993 through June 30, 1994
1994 through June 30, 1995
On each year listed above, the wage rates for all
classifications shall be adjusted by the percentage to meet the
area wage rates as established by the Journeyman Lineman rate in
effect for that year of the Pacific Power & Light Company,
Portland, Oregon.
CITY OF ASHLAND, OREGON
LOCAL UNION NO. 659
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS
APPROVED
ASHLAND CI_TY COUNCIL
27