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1991-063 Agrmt -IBEW Union 659
AGREEMENT Between THE CITY OF ASHLAND, OREGON and LOCAL UNION NO. 659 INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS ~REAMBLE 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 ~p~NITION 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 ~ION SECURITY AND CHECK-OF~ Section i. 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, 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. 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. Sec%ion 3. Indemnification. The Union agrees to indemnify and hold the City harmless against any and all claims, orders or judgments brouqht 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 i4~_AG EM~E N T_ 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 er 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 STR~KE 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 3 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. 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 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. segtion 2. Holida~ 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. Floatinq H_olid_a~. A Floating Holiday effective July 1, 1991, which for accounting purposes will be treated in the following manner: nS" hours added to the vacation accruals on July lc 1991, and thereafter "2/~" of one hour and one day to be added to each subsection of Section 1, E]~tibilit~v, Ar_ticl_e V__I. ARTICLE VI VACATIONS SectioD t. Eligibility. An employee shall be eligible for vacation with pay in accordance with the following sections: section 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.~ 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). ~ection 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 5 longevity days off (for a maximum total of 21 working days). Section 1.5 Employees with more of continuous service shall accrue 14 for each calendar month of service. than twenty (20) full years hours of vacation credit (21 working days maximum.) ~ect~ion 2. Continuous ~ervice. 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. ~ection 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. Section 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 VIS ~OURS 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 ]. Hours of Wor~. 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. ~tion 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 Rat~s. 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 Ti~e. Overtime may be paid in the form of compensatory time off at the applicable rate, subject to the approval of the Department Head or designated supervisor. Ail 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 ti~e off must be taken by the end of the month following the month in which it was accrued or it will automatically be paid in the form of pay. ARTICLE VIIi SICK~LEAVE g~ecnJ, en 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 l]erein 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. SectioD 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. Section 4. Inteqration ~ith wor.k~r'$ 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 8 the employee's regular pay. be made against accrued sick calendar days. In such instances, no charges will leave for the first thirty (30) Section 5. Sick Leave withp~t 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 Sectio~ 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 Section %. 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 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 for such jury service, and upon being excused from jury service for any day an 9 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 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. Failur~ 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 10 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~ COMPENSATION Section 1. Wage 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-b~ck 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 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. 11 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 Period~. 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. Secq~on 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. SectioR_~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, insubordination, misfeasance, malfeasance, the willful violation of department rules or for political activities forbidden by State law. Section following: Discipline for just cause may include the 1. Oral reprimand. 2. Written reprimand. 3. Demotion. 12 4. Suspension. 5. Discharge or dismissal. Seo~ion 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. Section 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 OF.DISPUTES Section 1, Grievance and Arbitration Procedure. Any grievance or dispute which may arise between the parties concerning the application, meaning or interpretation of this Agreement, shall be settled in the following manner: STEp ~. 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. ~TEP 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 13 (?2) 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 specifio 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 sqill 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 llst 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. 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. 14 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 XII~ 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) years. Section ~. 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. 15 Section 3. Termination ©f 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. Probationar~ 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. 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. ~ection 7, Job ADnouncements. The City agrees to post announcement of vacancies in full-time positions within this unit 16 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. Sectio~l 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 un~ess 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 1~. 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 DiscriminatioD. 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 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 17 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 Jn 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: Recreational and social affairs of the Union (b) Union meetings Union elections Reports of Union committees Rulings or policies of the International Union ~ecti~ 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. ~ection 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. ~ectioD 5. Ex~sting Conditions. Only such existing and future work rules and benefits as are specifically covered by the terms of this Agreement shall be affected by reoognition 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 City, which may at any time, upon reasonable grounds, revoke permission to hold such outside employment. S~c~ion 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 18 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 D~vices. 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. ~ection 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 ~LASSIFICATIONS - WORK RULES - SAFETY Section.l. Classifications and Descriptions. The general classifications of labor which shall be recognized throughout this Agreement shall be those set forth in "Appendix A". SeGtion 2. Sa[etv 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: (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 19 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) - C . 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. ~e~tion 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%). 20 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. SQc_tion 2. Supplementary payment. Compensation paid by the City for a pericd 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. 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 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 21 approval thereof. ARTICLE XX ~ERM~NATION AND REOPENING This Agreement shall be effective as of the first day of July, 1991, and shall remain in full force and effect through the 30th day of June, 1994, and shall terminate all prior Agreements and practices and concludes all collective bargaining during the term of this Agreement and provided that: Ad 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 BROTHERHOOD OF ELECTRICAL WORKERS CITY OF ASHLAND, OREGON Approved: Mayor Date City Recorder Date · 22 APPENDIX "A" Electrical Inspector Staff Accountant/EDP Associate Planner Revenue officer Building Inspector Assistant Planner Engineering Technician I Engineering Technician II Engineering Technician III - Assistant Surveyor Administrative Secretary (Planning), Court Clerk II Account Clerk Secretary Cashier Court Clerk I Clerk II Clerk I Energy Analyst and Inspector Building Maintenance - Warehouse Worker II Building Maintenance Worker 23 APPENDIX "B" IBEW - CLERICAL/TECHNICAL WAGE SCHEDULE CLASSIFICATION Electrical Inspector First Six Months Next 12 Months Next 12 Months Next 12 Months Thereafter EFFECTIVE 7-1-90 EFFECTIVE 7~t-91 $14.01 2,428 $14.65 2,539 14.72 2,551 15.40 2,669 15.45 2,678 16.16 2,801 16.22 2,811 16.97 2,941 17.03 2,952 17.81 3,087 Staff Accountant/EDP First Si>~ Months 12.56 2,177 13.14 2,278 Next 12 Months 13.31 2,307 13.92 2,413 Next 12 Months 14.11 2,446 14.76 2,558 Next 12 Months 14.95 2,591 15.64 2,711 Thereafter 15.84 2,746 16.57 2,872 Associate Planner First six Months Next 12 Months Next 12 Months Next 12 Months Thereafter Revenue officer First Six Months Next 12 Months Next 12 Months Next 12 Months Thereafter Building Inspector(l) First Six Months Next 12 Months Next 12 Months Next 12 Months Thereafter 11.95 2,071 12.50 2,167 12.59 2,182 13.17 2,283 13.23 2,293 13.84 2,399 14.04 2,434 14.69 2,546 14.75 2,557 15.43 2,674 10.86 1,882 11.36 1,969 11.45 1,985 11.98 2,076 12.02 2,083 12.57 2,179 12.76 2,212 13.35 2,314 13.40 2,323 14.02 2,430 11.14 1,931 11.65 2,019 11.82 2,049 12.36 2,142 12.53 2,172 13.11 2,272 13.28 2,302 13.89 2,408 14.10 2,444 14.75 2,557 9.41 1,631 9.84 1,706 9.99 1,732 10.45 1,811 10.57 1,832 11.06 1,917 11.22 1,945 11.74 2,035 11.90 2,063 12.45 2,158 Assistant planner First Six Months Next 12 Months Next 12 Months Next 12 Months Thereafter 24 CLASSIFICATION EFFECTIVE EFFECTIVE 7-1-91 EDqinee~inq Tech I (2) First Six Months $ 8.55 1,482 $ 8.94 1,550 Next 12 Months 9.07 1,572 9.49 1,645 Next 12 Months 9.58 1,66] 10.02 1,737 Next 12 Months 10.18 1,764 10.65 1,846 Thereafter 10.80 1,872 11.30 1,959 Enqineerin~ Tech II (2) First Six Months 10.61 1,839 11.10 1,924 Next 12 Months 11.28 1,955 11.80 2,045 Next 12 Months 11.97 2,075 12.52 2,170 Next 12 Months 12.71 2,203 13.29 2,304 Thereafter 13.43 2,328 14.05 2,435 Enqineerina Tech III - bssistant Surveyo~ First Six Months 13.35 2,314 Next 12 Months 14.02 2,430 Next 12 Months 14.72 2,551 Next 12 Months 15.45 2,678 Thereafter 16.23 2,813 13.96 2,420 14.66 2,542 15.40 2,669 16.16 2,801 16.98 2,943 Admin. Secy.(planning]Court clk II First Six Months 7.46 1,293 7.80 Next 12 Months 7.93 1,375 8.29 Next 12 Months 8.38 1,453 8.77 Next 12 Months 8.89 1,541 9.30 Thereafter 9.46 1,640 9.90 ACcount Clerk (3) First Six Months Next 12 Months Next 12 Months Next 12 Months Thereafter Secretary First Six Months Next 12 Months Next 12 Months Next 12 Months Thereafter 1 353 1 438 1,519 1,612 1,715 7.53 1,305 8.03 1,391 7.93 1,375 8.45 1,465 8.43 1,461 8.99 1,558 8.95 1,551 9.54 1,654 9.49 1,645 10.12 1,753 Cashier First Six Months Next 12 Months Next 12 Months Next 12 Months Thereafter 6.85 1,187 7.30 1,266 7.26 1,258 7.74 1,341 7.67 1,329 8.18 1,417 8.16 1,414 8.70 1,508 8.66 1,501 9.23 1,600 6.88 1,193 7.20 1,247 7.26 1,258 7.59 1,316 7.68 1,331 8.03 1,392 8.14 1,411 8.51 1,476 8.66 1,501 9.06 1,570 25 CLASSIFICATION EFFECTIVE 7-1-90 EFFECTIVE 7-1-91 Court Clerk_I~ First six Months Next 12 Months Next 12 Months Next 12 Months Thereafter $ 6.52 1,130 $ 6.82 1,182 6.87 1,191 7.19 1,246 7.31 1,267 7.65 1,325 7.73 1,340 8.09 1,401 8.20 1,421 8.58 1,487 Clerk II First Six Months Next 12 Months Next 12 Months Next ].2 Months Thereafter 6.58 1,141 6.88 1,193 6.95 1,205 7.27 1,260 7.39 1,281 7.73 1,340 7.83 1,357 8.19 1,420 8.29 1,437 8.67 1,503 Clerk I First Six Months Next 12 Months Next 12 Months Next 12 Months Thereafter 5.59 969 5.85 1,014 5.91 1,024 6.18 1,071 6.25 1,083 6.54 1,134 6.65 1,153 6.96 1,206 7.04 1,220 7.36 1,276 Energy Analyst & Inspector First Three Months- Trainee 8 Next Six Months t0 Next 12 Months 11 Next 12 Months 11 Next 12 Months 12 Thereafter 13 55 1,482 8.94 1,550 40 1,803 10.88 1,886 06 1,917 11.57 2,005 72 2,031 12.26 2,125 41 2,151 12.98 2,250 19 2,286 13.80 2,392 Bld~ Maint/Warehouse Worker II First Six Months 7.67 1,329 8.02 1,390 Next 12 Months 8.14 1,411 8.51 1,475 Next 12 Months 8.63 1,496 9.03 1,565 Next 12 Months 9.15 1,586 9.57 1,659 Thereafter 9.75 1,690 10.20 1,768 Bld~ Maintenance Worker First Six Months 6.15 1,066 6.43 1,115 Next 12 Months 6.51 1,128 6.81 1,180 Next 12 Months 6.90 1,196 7.22 1,251 Next 12 Months 7.32 1,269 7.66 1,328 Thereafter 7.74 1,342 8.10 1,404 (1) (2) To be reduced by 2.5% for Class B Certification; 5% for Class C Certification; and 7.5% for Trainee Certification. 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: 1) Wage rate increase effective July 1, 1992, 1993, 1994 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%. 2) July 1, 1992, 1993, 1994, the City and Union will discuss 2% as a salary increase for two positions, the Union and the City mutually agreeing on which positions will get the increase. with Co 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. 2) The Parties above must mutually approve of the program leading to certification prior to the employee entering into the program. 3) 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. 27 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 CITY OF ASHLAND, OREGON 28 July 1, 1991 (updated from July 28, 1982) LETTER OF UNDERSTANDING The parties agree that when an employee must be away from the job because of illness in the immediate family, such time off may 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. BuskDess Manager IBEW Local 659 B~ian L. Almq~ist: city Administrator City of Ashtan~ ) / 29 LETTER OF UNDERSTANDING TO CITY OF ASHLAND. LOCAL UNION NO. 659 I,B.E.W, TECHNICAL/CLERICAL AGREEMENT It is agreed between the parties that as of July 1, 1991, Article VII, Section 6 of the Working Agreement between Local 659, I.B.E.W. and the City of Ashland, Oregon is modified as follows: S~ction 6. Compensatory Time. Overtime may be paid in the form of compensatory time off at the applicable rate, subject to the approval of the Department Head or Designated supervisor. All overtime shall be recorded by the employee and must be approved by the Department Head or designated supervisor in advance. The employee must designate whether 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. SIGNED FOR LU 659, I.B.E.W. ,," I LETTER OF UNDERSTANDING between LOCAL UNION 659, I.B.E.W. and the CITY OF ASHLAND During the last bargaining sessions between the Union and the City, agreements were reached in both the Electrical and Technical/Clerical Units as follows: It was agreed that during the term of the Agreements a joint committee of two members from the City and two members of the Union will meet and review the impact of applying premium payments for health and welfare benefits to retired employees and dependents. (Electrical) Preliminary discussions and understandings have indicated areas as follows: (service with the city, a cap, and availability to what age groups to be covered). (Technical/ Clerical) It was further agreed that joint meetings held would be represemtative to both the Electrical and Technical/ Clerical Units. Signed for the city: Date ~:'? ( Signed for the Union: