HomeMy WebLinkAbout1988-053 IBEW Union 659 AgrmtAGREEF1ENT
Between
THE C:ITY OF ASHLAND,
and
LOCAL UNION NO. 659
INTERNATIONAL BROTttERHOOD (.'.,iF ELECTltliCAL WORKERS
PR. EANBLE
Thi.=,~ Ao'reement.= is entered into by th~. Cit,',. of .~shland,
Oregon, hereinafter referred t,o as the "City" and Local Union '50.
659 of the international Brotherhood of Elect. ricai Workers,
hereinafter referred to as the "Union". Unless .indicated other-
wise, references to the "City" herein shall include the Hayer 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
fu].! and eomplet, e Agreement between the parties on matters
pertainino'= to rates of pay,,, hour=~ of' work and oth~r .... conditions r~F
employment.
SCOPE OF AGREEblENT
This Agreement shall app]_y to ali employees of the
Technical/Clerical Bargaining Unit of Ashland, Oregon, as
£orth in "Appendi× A" but excluding confidential, supervisory and
temporary employees.
Where the term "employee" is used, it shall mean regular
emp].oyees or probationary employees within the bargaining unit,
as the same are defined in Article X[Ii hereof.
The parties agree as follows'
ARTIC. LE
RECOGNiTiON
The City recognizes the Union as the sole and exclusive
bargaining agent for the purposes of establishing rates of pay,
hours of work and other conditions of employment for all employees
within the bargaining unit described immediately above.
ARTICLE II
UNION SECURITY AND CttECK-OFF
Section 1. Union Security. All employees covered by this
Agreement shall, as a condition of employment, commencing thirty
(30) days after hiring or transfer into the Bargaining Unit, (1)
become a member of the Union and maintain his or her membership
in the Union in good standing in accordance with its Constitution
and By-laws, (2) in the alternative, an employee must tender a
registration fee to the Union in such an amount as the Union may
prescribe (but in no event to exceed the initiation fee required
by Union membersi, 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-on.e (21) calendar days, terminate the employment of any
employee who fails to comply with the requirements of this Article.
Section 2. Cheek-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 a~ency fees of any other employee as provided for in
Section ] 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.
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
HANAGEMENT RIGHTS
Union recognizes the prerogative of the City to operate and
manage its affairs in all respects in accordance with its responsi-
bilities, and the powers or authority which City has not expressly
abridged, delegated or modified by this Agreement are retained by
the City. It is understood and agreed that the City possesses
the sole and exclusive right to operate the City through its City
Administrator and department heads and that all management rights
repose in it, but such rights must be exercised consistent with
the other provisions of this contract. These rights include but
are not limited to the following:
].. To determine the mission of its constituent departments,
commJ_ssions and boards.
2. To set standards of service.
3. To direct its employees.
4. To discipline or discharge for .just cause.
To relieve its employees from duty because of lack of
t~ork, finances, or other legitimate reasons.
To maintain the efficiency of governmental operations.
7. To determine the methods, means and personnel by which
government operations are to be conducted.
8. To determine the content of job classifications.
9. To take all necessary action to carry out its mission in
emergencies, and,
10. To exercise complete control and discretion over its
organization and the technology of performing its work.
ARTICLE IV
STRIKE AND LOCKOUT PROHIBITION
Section 1. The Union and its members, as individuals or as
a group, will not initiate, cause, permit or participate or .join
in any strike, work stoppage, or slowdown, picketing or any other
restriction of work at. any location in the City. Employees in
the bargaining unit, ~t~ile acting in the course of their employ-
ment, shai1 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
S~ction 1. Recognized Holidays The following shall be
recognized as Holidays'
New Year's Day (January 1)
Martin Luther tiing Day (3rd >londay in January)
Washington's Birthday (3rd Monday ~n February)
Memorial Day (last Monday in May)
Independence Day (4th of July)
Labor Day (lst Monday in September)
Veteran's Day (November ll)
Thanksgiving Day (4th Thursday in Novemberl
Day after Thanksgiving (4th Friday in November)
Christmas Day (December 25)
(Any day declared by the Governor, President or ~la.vor to be
a holiday)
Whenever a Holiday shall fall on Sunday, the succeeding
Monday shall be observed as the Holiday. Whenever a Holiday
shall fall on Saturday, the preceding Friday shall be observed as
the Holiday. If an employee is on authorized vacation, sick
leave, or other leave with pay when a Holiday occurs, such Holiday
shall not be charged against such leave.
Section 2. ..H..oli.day Pa.~[. Regular employees shall receive
eight (81 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.
ARTICLE VI
VACATIONS
Section 1. Eligibility. An employee shall be eligi'ble for
vacation with pay in accordance with the following sections:
Section 1.l Employees with less than five (5) full years of
continuous service shall accrue 6.67 hours of vacation for each
calendar month of service worked. (10 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 12 working days).
Section 1.2 Employees with more than five (5) but ]ess than
ten (10) f'ull years of continuous service shall accrue 8 hours of
vacation credit for each calendar month of service. (12 working
days maximum, l Upon completion of the tenth full year of con-
tinuous service, an employee will in addition be awarded 3
longevity days off (for a maximum total of 18 working days).
Section 1.3 Employees with more than ten (10) but less than
fifteen (15) full years of continuous service shall accrue 10
hours of vacation credit for each calendar month of service. (15
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 18 ~orking days).
Section 1.4 Employees with more than fifteen (15) but less
than twenty (20) full years of continuous service shall accrue 12
hours of 'vacation credit for each calendar month of service. (18
working days maximum.) Upon completion of the 20th fu].] year of
continuous service, an employee will in addition be awarded 2
longevity days off (for a maximum total of 20 working days).
Section 1.5 Employees ~ith more than t~enty (20) full years
of continuous service shall accrue 13.33 hours of vacation credit
for each calendar month of service. (20 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. Time spent, by the
employee on City-authorized/City-paid absences shall be included
as continuous service. Time spent on unpaid absences shall not
be counted as service, provided that employees returning from such
absences and employees on layoff status shall be entitled to
credit for service prior to the leave or layoff.
Section 3. Accrual Limitations. Vacation time must be
taken by an employee within twelve (12) months fo].]_o~ing 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 (1~) 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 (~0) 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
(]5) 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 al!
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.
Sect:ion 6. Payment on Termination. In the event of death
or termination of an employee during the initial twelve (12)
months of his employment, no payment, in lieu of vacation shall be
made. In the event of death or termination of employment after an
employee has served for twelve (12) continuous months, and is
otherwise eligible for vacation credits, the employee shall be
entitled to payment for accrued vacation leave at the rate as of
the date of eligibility. In the event of death, earned but
unused vacation leave shall be paid in the same manner as salary
due the deceased employee is paid.
ARTICLE VII
HOURS OF WOR. K AND OVERTIME
This Article is intended to be construed only as a basis for
recognizing overtime and shall not be construed as a guarantee of
hours of work per day or per week.
Section 1. Hours of Work. 'Fo 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 Honday and terminating Friday, shall constitute
a week's work. However, an employee may be scheduled by the City
for a workweek other than Honday through Friday, which shall
become his regular workweek.
Section 2. Work Schedules. All employees, to the extent.
consistent with operating requirements, shall be scheduled to
work on a regular ~ork shift, and each shift shall have regular
starting and quitting times. Work schedules showing the employee's
shifts, workdays and hours shall be posted on department bulletin
boards.
Section 3. Rest Periods. A rest period of fifteen (15)
minutes shall be permitted for all employees during each half
shift, which shall be scheduled by the City in accordance with
its determination as to the operating requirements and each
employee's duties.
Section 4. Meal Periods. To the extent consistent with
operating requirements of the respective departments, a one-half
(1/2) hour meal period shall be scheduled in the middle of the
work shift which shall not be paid.
Section 5. Overtime Rates. All work performed outside of
regularly scheduled hours or days as set forth in this Article,
shall be compensated at the rate of time and one-half (1-1/2)
times the regular rate of pay.
Section 6. Compensatory Time. Overtime may be paid 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 }lead or designated supervisor in advance. The
employee must designate whether he/she desires pa3; or compensatory
time off on the time sheet reporting the overtime worked. Compen-
satory time off must be taken by the end of the month following
the month in which it was accrued or it will automatically ]De
paid in the form of pay.
ARTICLE VIII
SICK LEAVE
Section 1. Purpose. Sick leave is provided for the sole
purpose of providing financial security to employees and their
families. Under no circumstances shall the City grant an employee
sick leave with pay for time off from City employment caused by
sickness or injury resulting from employment other than with the
City of Ashland.
Section 2. Accumulation. Sick leave shall be earned for
the purposes stated herein by each eligible employee at the rate
of 8 hours for each full calendar month of service. Sick leave
may be accumulated to a total of seven hundred twenty (720) hours
and must be taken for the purposes specified in Section 3 hereof
as a condition precedent to any sick leave payment. Sick leave
shall not continue to accrue during authorized sick leave or
disability leave in excess of thirty (30) calendar days.
Section 3. Utilization. Employees may utilize their
allowance for sick leave when unable to perform their work duties
by reason of illness or injury. In such event, the employee shall
notify the department head or other s~pervisor 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. Integration with Worker's Compensation. When an
injury occurs in the course of employment, the City's obligation
to pay under this sick leave article is limited to the difference
between any payment received under Worker's Compensation laws and
the employee's regular pay. In such instances, no charges will
be made against accrued sick leave for the first, thirty (30)
calendar days.
Section 5. Sick Leave Without Pay. Upon application by the
employee, sick leave without pay may be granted by the City for
the remaining period of disability after accrued sick leave has
been exhausted. The City may require that the employee submit a
certificate from a physician periodically during the period of
such disability, and before returning to work.
Section 6. Termination. Sick leave is provided by the City
in the nature of insurance against loss of income due to illness
or injury. No compensation for accrued sick leave shall be
provided for any employee upon his death or termination of
employment for whatever reason. Sick leave shall not accrue
during any period of leave of absence without, pay.
ARTICLE VIII-A
FUNERAL LEAVE
Section 1. In addition to regular sick leave, an employee
may be granted three (~) 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 (21 days leave ma>, be
granted if the funeral is over 500 miles from Ashland, one-way.
ARTICLE IX
OTHER LEAVES OF ABSENCE
Section 1. Criteria and Procedure. Leaves of absence
~4ithout 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 ].eave
with pay for service upon a jury; provided, however, that the
regular pay of such an employee for the period of absence shall
be reduced by the amount of money received by him for such jury
service, and upon being excused from jury service for any day an
employee shall immediately contact his supervisor for assignment
for the remainder of his or her regular work day.
Section 3. Appearances. Leave with pay shall be granted
for an appearance before a court, legislative committee, judicial
or quasi-judicial body as a witness in response to a subpoena or
other direction by proper authority provided, however, that. the
regular pay for such employee shall be reduced by an amount equal
to any compensation he may receive as witness fees.
Section 4. Required Court. Appearances. Leaves of absence
with pay shall be granted for attendance in court in connection
with an employee's officially assigned duties, including the time
required for travel to the court and return to the employee's
headquarters.
Section 5. Election Day. Employees shall be granted t,~'o
(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 ~hich 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 ~ithout 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. Failure to Return from Leave. Any employee who
is granted a, leave of absence and who, for any reason, fails to
return to work at the expiration of said leave of absence, shall
be considered as having resigned his position with the City, and
his position shall be declared vacated; except and unless the
employee, prior to the expiration of his leave of absence, has
furnished evidence that he is unable to work by reason of sickness,
physical disability or other legitimate reason beyond his control.
10
ARTICLE X
COMPENSATION
Section l. Wage Schedule. Employees shall be compensated
in accordance with the wage schedule attached to this Agreement
and marked "Appendix B" whieh 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 t. he 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 proeedure.
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 eonsidered
call-back time.
Section 3. Call-back Time. Employees called back to work
shall receive overtime pay ~ith a guaranteed minimum of one (1)
hour at time and one-half (1-1/2) for the work for which they are
called back. Hore than one call-back is permissable ~ithin 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 ~orkday shall be paid at the
regular overtime rate from the time they are called until relieved.
If such an employee has ~orked a minimum of four (4) hours a. nd
has had less than four (4) hours rest after he ~as relieved, he
shall receive the regular overtime rate of time and one-half (l-
1/2) for all hours worked during his normal workday. Employees
shall not, be required to take time off during any regular working
day for the overtime ~orked or to be ~orked.
(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 ~orking hours
follo~ving shall be at the straight time rate.
1]
Section 4. Pay Periods. Employees shall be paid every
other Friday. Pay periods shall be for fourteen (14) days
beginning at 12:01 a.m. on Saturday, and ending on the fourteenth
(14th) day (Friday) at 12:00 p.m. Paydays shall be on the Friday
following the close of each pay period.
Section 5. Mileage. An employee required to report for
special duty or assignment at any location other than his permanent
reporting location and who is required to use his personal
automobile for transportation to such location, shall be compen-
sated at the City established rate per mile for the use of such
automobile directly in the line of duty.
Section 6. Members of this unit employed as of July 1, 1981
and July 1, 1982 shall receive a lump sum payment of 1-1/2% of
their July 1, 1981 monthly salary times 12. Members employed
after July 1, 1981 shall receive a lump sum payment of 1-1/2% of
their monthly starting salary times the number of full calendar
months of their employment through June 30, 1982.
ARTICLE XI
DISCIPLINE AND DISCHARGE
Section 1. No regular employee as defined in Article XII
may be disciplined except for just cause. Disciplinary action
may be imposed upon any employee for failing to fulfill his or her
responsibilities as an employee. Conduct reflecting discredit.
upon the City or Department, or which is a direct hindrance to
the effective performance of City functions, shall be considered
just cause for disciplinary action. Such cause may also include
misconduct:, inefficiency, incompetence, insubordination, mis-
feasance, malfeasance, the willful violation of department rules
or for political activities forbidden by State law.
Section 2. Discipline for just cause may include the
following:
1. Oral reprimand.
2. Written reprimand.
3. Demotion.
4. Suspension.
Discharge or dismissal.
Section 3. An employee may be suspended from employment,
with or without pay, while charges against the employee are
investigated. Such a suspension may be for no more than five (5)
working days, unless mutually extended by the parties. If the
charges are not cleared completely a suspension without pay, or
any part of such suspension, may be determined to be part of the
discipline, effective the date of the suspension.
12
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 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 settied between the
affected employee and the supervisor, it may be presented in
writing by the Union to the Department Head within seventy-two
(72) hours, excluding Saturday and Sunday, after the response
specified in STEP I is due. The written notice shall include
details of the grievance, the section of this Agreement allegedly
violated and the specific remedy requested. The appropriate
Department Head shall respond to the Union representative in
writing within five (5) working days after receipt thereof.
STEP III. If the grievance still remains unadjusted, it may
be presented by the Union to the City Administrator of the City
or bis 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
13
il~ ii iJiJ i,
(5) working days.
STEP IV. If the grievance is still unsettled, either party
may within ten (]0) days of the decision of the City Administrator
or his designee(s) under STEP III have the right to have the
matter arbitrated by a third party jointly agreed upon by the City
and the Union. If the parties are unable to agree upon an
arbitrator, the American Arbitration Association or other mutually
agreed organization shall be requested to submit a list of five
names. Both the City and the Union shall have the right to
strike two (2) names from the list. The party requesting arbitra-
tion 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.
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, e×cepting
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. Con'tacts between the steward and employees or the Union
shall be made outside of working hours so as not to disrupt
regular City operations.
14
ARTICLE XIII
SENIORITY
Section 1. Seniority. Seniority shall be a full time
employee's length of continuous service with the bargaining unit,
dating from his last date of hire, and shall apply by job classi-
fication within his/her department in the matter of layoff,
recall and vacation. Seniority for regular part-time employees
shall be accrued based on their equivalent number of hours worked
rather than on calendar months or years (for example, a regular
part-time employee who started work on January 2nd and worked
exactly 30 hours every week, would have nine months seniority as
of the next January 2nd).
In the event of layoff, such employee may exercise his
seniority in a lower job classification within the department
provided that employee is qualified by prior training or experience
to do the work of the lower job classification.
Recall from layoff shall be in the reverse order of seniority.
The City reserves the right to lay off out of the order of
seniority if in the City's judgment, retention of special job
skills is required. Seniority shall continue to accrue during,
(1) authorized sick leave or disability leave up to ninety (90)
calendar days; (2) vacation leave; (3) authorized compensatory
time off; (4) educational leave required by the City; (5) funeral
leave; (6) jury duty; and (7) promotion to a supervisory position
outside of the bargaining unit for two (2) years.
Section 2. Suspension of Seniority. Seniority shall be
retained, but shall not continue to accrue during, (1) authorized
sick leave or disability leave in excess of thirty (30) calendar
days; (2) educational leave requested by the employee; (3) military
leave; (4) other authorized leaves of absence up to ninety (90)
calendar days.
Section 3. Termination of Seniority. Seniority and the
employment relationship shall be broken or terminated if an
employee (1) quits; (2) is discharged for just cause; (3) is
absent from work for three (3) consecutive ~orking 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 t~enty-four (241 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, ~hile on leave of absence for personal health reasons,
accepts otlher employment without permission; or (8) if he is
retired.
15
il! it iii,,
Section 4. Probationary Period. The probationary period is
an integral ]part of the employee selection process and provides
the City with the opportunity to upgrade and improve the department
by observing a new employee's work, training, aiding new employees
in adjustment to their positions, and by providing an opportunity
to reject any employee whose work performance fails to meet
required work standards. Every new employee hired into the
bargaining unit shall serve a probationary period of twelve (12)
full months after which he shall be considered a regular employee
and granted seniority to the last date of hire. The Union
recognizes the right of the City to terminate probationary
employees for any reason and to exercise all rights not specifi-
cally 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 probation-
ary 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.
Sectioln 6. Layoff and Recall. Recall from layoff exceeding
five (5) work days shall be by certified letter sent to the
employee at his last known address furnished to the City by the
employee. The City may use any other means to return an employee
sooner.
Section 7. Job Announcements. The City agrees to post
announcement of vacancies in full-time positions within this unit
in City Hall in the employee's lunchroom and upstairs on the
bulletin board in the foyer at the top of the stairs for a minimum
of five (5) working days prior to the final filing date for the
position.
Section 8. Regular Employee. A regular full-time employee
is one hired for an indefinite tenure, not limited at time of
hire by a stated term or for a specific project.
Section 9. Regular Part-Time Employee. A regular part-time
employee is one whose regular workweek is twenty-five (25) hours
or more, not limited at time of hire by a stated term or for a
specific project. Regular part-time employees cumulative work
16
hours shall not exceed thirty (30) hours per week, except relief
for a regular employee ~ho is expected to return (i.e., vacation,
sick leave, etc.) or unless hours are extended by mutual agreement.
Section 10. Regular Part-Time Employee Benefits. Regular
part-time employees shall accrue and be allowed vacation and sick
leave with pay on a pro-rated schedule based on their hours
worked using the hourly equivalent accrual rate for' full-time
employees, holiday pay only if the holiday occurs during their
normally scheduled hours, and premiums for the employee only paid
by the City for health related insurances.
Section 11. Part-Time and Temporary EmPloyee Compensation
and Probationary Period. Part-time and temporary employees in a
classification covered by this Agreement shall be compensated in
accordance ~ith 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 ~,~ork
1040 hours to get their first step raise and 2080 hours for their
next step raise.)
ARTICLE XIV
GENERAL PROVISIONS
Section 1. No Discrimination. The provisions of this
Agreement shall be applied equally to all employees in the
bargaining unit without discrimination as to race, creed, color,
sex, age or national origin. The Union shall share equally with
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, 3oin, and participate in the
activities of the Union or any other labor organization, or to
refrain from any or all such activities, and there shall, be no
discrimination by either the City or the Union by reason of the
exercise of such right except as specifically provided herein.
Nothing in this Agreement shall be construed as precluding or
limiting the right of an individual employee to represent himself
in individual personal matters.
Section 2. Bulletin Boards. The City agrees to furnish and
maintain a suitable bulletin board in a convenient place in the
work or assembly area to be used by the Union. The Union shall
limit its postings of Union notices and bulletins to such bulletin
board; which shall be used only for the following Union notices
and bulletins:
17
(a) Recreational and social affairs of the Union
(b) Union meetings
(c) Union elections
(d) Reports of Union committees
(e) Rulings or policies of the International Union
Section 3. Visits by Union Representatives. The City
agrees that accredited representatives of th~ International
Brotherhood ,of Electrical Workers, Local Union 659, upon reasonable
and proper introduction~ may have reasonable access to the premises
of the City at any time during working hours for the purpose of
assisting in the administration of this Agreement, if they first
obtain permission to do so from the City Administrator or is
designated representative.
Section 4. Solicitation. The Union agrees that its members
will not solicit membership in the Union or otherwise carry on
Union activities during working hours, except as specifically
provided in this Agreement.
Section 5. Existing Conditions. Only such existing and
future work rules and benefits as are specifically covered by the
terms of this Agreement shall be affected by recognition of the
Union and the e×ecution 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 modifica-
tion shall be posted prominently on all bulletin boards for a
-period of seven (7) consecutive days prior to implement, at. on.
Section 6. Other Employment. Outside employment shall be
permitted only ~ith the express prior ~ritten approval of the
City, which may at any time, upon reasonable grounds, revoke
permission 'to hold such outside employment.
Section 7. Supervisory Emp_loyees. It is understood that
supervisory employees not covered under this Agreement shall not
perform ;~ork within the jurisdiction of the Union except, in the
case of an emergency or when the complement of regular employees
is temporarily reduced by reason of absence of any employee due
to illness or other legitimate reasons, or where the workload is
temporarily increased, or for the purposes of instruction or
training.
Section 8. Uniforms, Protective Clothing and Devices. If
an employee is required to wear a uniform, protective clothing or
use any type of protective device, such article shall be provided,
maintained and cleaned by the City. Replacements shall be provided
by the City upon surrender of the article, at not cost to the
employee, reasonable wear excepted. Lost articles or damage to
articles due to negligence, shall be reimbursed to the City by
the employee. Failure of an employee to wear such required
uniform, protective clothing, or use such protective device as
18
II1! ii lid ,,
prescribed by' the City, shall be cause for disciplinary action as
set forth in Article X.
Section 9. Utility Discount. All regular fulltime employees
shall receive a twenty-five percent (25%) discount on City domestic
water, sewer and electric utilities.
ARTICLE XV
CLASSIFICATIONS - WORK RULES - SAFETY
Section 1. Classifications and Descriptions. The general
classifications of labor which shall be recognized throughout
this Agreement shall be those set, forth in "Appendix A".
Section 2. Safety Rules. The Federal regulations and the
Safety Rules of the State shall be observed and copies shall be
made available by the City and the Union. The rules provide the
minimum stan. dards 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. Those plans and employee/family
coverage levels are:
(a) Blue Cross Option IV Health Insurance - family coverage.
Standard Life Insurance Co. life insurance - family
coverage.
(c) Standard Life insurance Salary Continuation plan -
employee only.
(d) Blue Cross Dental Insurance - Plan No. 3 - family
coverage.
(e) Blue Cross - UCR Vision Plan - family coverage.
(f) ~ercy Flight Insurance - family coverage.
Section 2. Retirement. The City agrees to maintain its
existing retirement plan, subject to the terms and provisions
thereof, as; it applies to regular employees in the bargaining
unit. Upon retirement, one-half (1/2) of unused sick leave will
be applied to retirement, as provided in ORS. The City will also
assume or pay the employees contributions required by ORS 237.071
for all employees covered by this Agreement at, a uniform rate of
six percent (6%).
19
ARTICLE XVII
WORKER'S COMPENSATION
Section 1. Worker's Compensation. All employees will be
insured under the provisions of the Oregon State Worker's Compen-
sation 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 Compensa-
tion shall b:e 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 ~his 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
approval thereof.
2O
ARTICLE XX
'tERMINATION AND REOPENING
This Agreement shall be effective as of the first day of
July, 1988, and shall remain in full force and effect through the
30th day of June, 1992, and shall terminate all prior Agreements
and practices and concludes all collective bargaining during the
term of this Agreement and provided that:
A. 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
Date .~/// 6/ ~X
CITY OF ASHLAND, OREGON
a t e "/// ,
D
Approved'
ASHLAND CITY COUNCIL
%iayo-r-- ' - *' -
Date /~Z//r~-
City 'Recorder
21
APPENDIX "A"
Staff Accountant/EDP
Associate Planner
Revenue Officer
Building Inspector
Assistant Planner
Engineering Technician I
Engineering Technician II
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
Building Maintenance Worker
22
IBEW
APPENDIX "B"
- CLERICAL/TECHNICAL
WAGE SCHEDULE
CLASSIFICATION
Staff Accountant/EDP
First Six Months
Next 12 Months
Next 12 Months
Next 12 Months
Thereafter
Associate Planner
First Six Months
Next 12 Months
Next 12 bionths
Next 12 Months
Thereafter
Revenue Officer
First Six Months
Next 12 Months
Next 12 Months
Next 12 Months
Thereafter
Building Inspector
First Six Months
Next 12 Months
Next 12 Months
Next 12 Months
Thereafter
(1)
Assistant Planner
First Six Months
Next 12 Months
Next 12 Months
Next 12 Months
Thereafter
Engineering Tech
First Six Months
Next 12 blonths
Next 12 Months
Next 12 Months
Thereafter
(2)
EFFECTIVE 7-1-88
EFFECTIVE
1-1-89
$11.37 (1971) $11.37 (1971)
12.05 (2014) 12.05 (2014)
12.77 (2213) 12.77 (2213)
13.53 (2345) 13.53 (2345)
14.34 (2486) 14.34 (2486)
10.82 (1875) 10.82 ( 1875 )
11.40 (1976) 11.40 (1976)
11.98 (2077) 11.98 (2077)
12.71 (2203) 12.71 (2203)
13 . 35 ( 2314 ) 13 . 35 ( 2314 )
9.83 (1704) 9.83 (1704)
10.36 (1796) 10.36 (1796)
10.89 (1889) 10.89 (1889)
11.55 (2002) 11.55 (2002)
12.13 (2102) 12.13 (2102)
9.65 (1673) 9.79 (1697)
10.23 (1773) 10.38 (1799)
10.85 (1881) 11.01 (1908)
11.50 (1993) 11.67 (2023)
12.21 (2116) 12.39 (2148)
7.92 (1373) 8.12 (1407)
8.41 (1458) 8.62 (1494)
8.89 (1541) 9.11 (1579}
9.44 (1636) 9.68 (1678)
10.01 (1735) 10.26 (1778)
7.74 (1342) 7.74
8.21 (1423) 8.21
8.68 (1505) 8.68
9.22 (1598) 9.22
9.78 (1695) 9.78
(1342)
(1423)
( 1505 )
(1598)
(1695)
23
CLASSIFICATION
EFFECTIVE
Engineering Tech II (2)
First Six Months $ 9.19
Next 12 Months 9.77
Next 12 Months 10.37
Next 12 Months 11.00
Thereafter 11.64
Admin. Secy.(Planning)Court Clk II
First Six ~onths 6.75
Next 12 Months 7.1.8
Next 12 Months 7.59
Next 12 Months 8.05
Thereafter 8.56
Account Clerk (3)
First Six Months 6.51
Next 12 Months 6.88
Next 12 Months 7.30
Next 12 Honths 7.74
Thereafter' 8.23
7-1-88
(1593)
(1693)
(1797)
(1907)
(2018)
(1170)
(1245)
/1316)
(]395)
(1482)
(1128)
(1193)
(1265)
(1342)
(1427)
EFFECTIVE
$ 9.33
9.92
10.53
11.17
11.81
6.75
7.18
t .09
8.05
8.56
6.61
6.98
7.41
7.86
8.35
!-1-89
(1617)
(1719)
(1825)
(1936)
(2047)
(1170)
(1245)
(1316)
(1395)
( 1482 )
(1146)
(1210)
(1284)
(1362)
(1447)
Secretary
First Six Months 6.08 (1054) 6.08 (1054)
Next 12 Months 6.44 (1116) 6.44 (lll6)
Next 12 Months 6.81 (1180) 6.81 (1180)
Next 12 Months 7.25 (1257) 7.25 (1257)
Thereafter 7.69 (1333) 7.69 (13331
6.10
6.44
6.82
7.23
7.69
5.90
6.22
6.62
7.00
7.42
Cashier
First Six Months 6.10
Next 12 }ionths 6.44
Next 12 Months 6.82
Next 12 Months 7.23
Thereafter 7.69
Court Clerk I
First Six Months 5.90
Next 12 Honths 6.22
Next 12 Honths 6.62
Next 12 Honths 7.00
Thereafter 7.42
( 1057 )
(1116)
(1182)
(1253)
(1333)
(1023)
(1078)
(1147)
(1213)
(1286)
(1057)
(1116)
(1182)
(1253)
(1333)
(1023)
(1078)
(1147)
(1213)
(1286)
Clerk II
First Six Months 5.78 (1002) 5.78 (1002)
Next 12 Months 6.11 (1059) 6.11 (1059)
Next 12 Months 6.49 (1125) 6.49 (1125)
Next 12 Months 6.87 (1191) 6.87 (1191)
Thereafter 7.29 (1264) 7.29 (1264)
24
CLASSIFICATION
EFFECTIVE
7-1-88 EFFECTIVE
Clerk I
First Six Months $ 5.06 (877) $ 5.06
Next 12 Months 5.35 (927) 5.35
Next 12 Months 5.66 (981) 5.66
Next 12 Months 6.02 (10431 6.02
Thereafter 6.37 (1104) 6.37
1-1-89
(877)
(927)
(981)
(1043)
(1104)
Energy Analyst & Inspector
First Three Months-Trainee 7.74 (1342) 7.74 (1342)
Next Six Months 9.42 (1633) 9.42 (1633)
Next 12 Months 10.01 (1735) 10.01 (1735)
Next 12 Months 10.61 (1839) 10.61 (1839)
Next 12 Months 11.24 (1948) 11.24 (1948)
Thereafter 11.94 (2070) 11.94 (2070)
Bldg Maint/Warehouse Worker II
First Six Months 6.77 (1173) 6.77
Next 12 Months 7.19 (1246) 7.19
Next 12 Months 7.62 (1321) 7.62
Next 12 Months 8.09 (1402) 8.09
Thereafter 8.56 (1484) 8.56
Bldg Maintenance Worker
(1173)
(1246)
(1321)
(1402)
(1484)
First Six Months 5.18 (898) 5.31 (920)
Next 12 Months 5.48 (950) 5.62 (974)
Next 12 Months 5.80 (1005) 5.95 (1031)
Next 12 )Ionths 6.17 (1069) 6.32 (1095)
Thereafter 6.52 (ll30) 6.68 (1158)
(2)
(3)
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.
Plus $50.00 a month when assigned payroll responsibilities.
NOTE: During anytime that the City pays the employees contribution
to PERS as required by OR.S 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.
Ail rates are hourly rates. Monthly rates are for information
purposes only.
25
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) Effective July 1, 1988, January 1, 1989, July 1, 1989
and January 1, 1990:
The following positions will receive an additional salary
increase in the percentage amount shown immediately
after the position title. July increases will be figured
on the prior July rates.
Assistant Planner (2.5%)
Building Maintenance Worker (2.5%)
Building Inspector (1.5%)
Engineering Technician II (1.5%)
Account Clerk (1.5%)
2) Effective July 1, 1989:
March 1988 to March 1989 CPI-W National increase, with
guaranteed minimum salary increase of 3% and maximum
salary increase of 6% plus an increase of 1% for one
position chosen by the Union.
3) Effective July 1, 1990:
March 1989 to March 1990 CPI-W National increase, with
guaranteed minimum salary increase of 3% and maximum
salary increase of 6%.
4) Effective July 1, 1991:
March 1990 to March 1991 CPI-W National increase, with
guaranteed minimum salary increase of 3% and maximum
salary increase of 6%.
5) July 1, 1990 and July 1, 1991 two positions selected by
the Union shall receive an additional 2% salary increase.
6) July 1, 1990 and July 1, 1991 the City will consider
other positions for increases based on comparability.
C. Effective 7-1-87 the City will pay increases in present
Ilealth and Welfare package during the term of the agreement.
26
D. Effective 7-1-87 Certification Pay of 5% as follows'
1) The employee must be working in the field of the certifi-
cation 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 satis£aetory completion
by the institution acceptable to the parties.
4) 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
Date
2¸7
July 28, 1988 (updated from July 28, 1982)
LETTER OF UNDERSTANDING
The parties agree that when an employee must be away from the
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.
Bushiness Manager
IBEW Local 659
<i-B'~ian L, Almquist
City Administrator
City of Ashland
,,
/
/
28