HomeMy WebLinkAbout1986-040 Laborers Union 1400 AGREEMENT
BETWEEN
THE CITY OF ASHLAND, OREGON
and
DISTRICT COUNCIL OF LABORERS and LABORERS UNION LOCAL 1400
PREAMBLE
This Agreement is entered into by the City of Ashland, Oregon, hereinafter
referred to as the "City", and Oregon, Southern Idaho and Wyoming District
Council of Laborers, Laborers International Union of North America, and
Local #1400 of the Laborers International Union of North America, AFL-CIO,
hereinafter collectively referred to as the "Union". Unless indicated
otherwise, references to the "City" herein shall include the Mayor and City
Council or their designee(s) as the officials directly responsible for the
operation of the department(s) covered by this Agreement. The purpose of
this Agreement is to set forth the full and complete Agreement between the
parties on the matters pertaining to rates of pay, hours of work and other
conditions of employment.
SCOPE OF AGREEMENT
This Agreement shall apply to all nonsupervisory employees of the Public
Works and Cemetery Departments, Ashland, Oregon, as set forth in Appendix
"A" but excluding supervisory employees, confidential employees, clerical
employees,'guards, irregular part-time employees, or temporary employees.
(Temporary employees who have worked full time for more than five
consecutive months shall, after that time, be considered probationary
employees, except that they shall receive insurance benefits).
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 XIV hereof.
The parties agree as follows:
ARTICLE I - RECOGNITION:
The City recognizes the Union as the sole and exclusive bargaining agent
for the purpose of establishing rates of pay, hours of work, and other
conditions of employment for all employees within the bargaining unit
described immediately above.
ARTICLE II - UNION SECURITY AND CHECK-OFF:
Section 1. Union Securitym The terms of this Agreement have been made for
all employees in the bargaining unit and not only for the members of the
Union. Accordingly, it is fair that each employee in the bargaining unit
pay his/her own way and assume his/her obligation along with the grant of
equal benefits. Any employee in the bargaining unit who has not joined the
Union within thirty (30) days of this Agreement, or within thirty (30) days
of becoming an employee, shall as a condition of employment, pay to the
Union an amount equal to the uniform dues and initiation fees required of
members of the Union.
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Any individual employee objection based on bona fide religious tenets or
teachings of a church or religious body of which such employee is a member,
will require such an employee to inform the City and Union of his/her
objection. The employee will meet with representatives of the Union and
establish a satisfactory arrangement for distribution of a contribution of
an amount of money equivalent to regular Union membership dues to a
non-religious charity.
Section 2. Check-off for Union Members. Upon receipt of a lawfully
executed authorization from an employee, the City agrees to deduct the
regular initiation fee and regular monthly dues uniformly required of
members of the Union, and remit such deductions by the fifteenth (15th) of
the succeeding month to the official designated by the Union in writing to
receive such deductions. The Union will notify the City in writing of the
exact amount of such initiation fee and regular membership dues to be
deducted. Authorization by the employee shall be on forms furnished by the
City and may be revoked by the employee upon request° Employees
terminating with less than ten (10)~ working days in any calendar month,
will not be subject to a dues deduction.
Section 3. Check-off for Non-Members. A like amount in lieu of Union dues
will be automatically deducted from all. employees in the bargaining unit as
set forth in Appendix "A" who have not signed an authorization form
requesting the deduction of Union initiation fees and monthly dues. Such
deduction will be remitted along with amounts deducted from Union members
as set forth in Section 2. It is understood that the like amount in lieu
of dues shall only be used as directed by the Constitution and By-laws of
the Union and by the majority vote of the Union membership. Employees
terminating with less than ten (10) working days in any calendar month will
not be subject to an in lieu dues deduction.
Section 4. 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. Upon written notification by
the Union of a check-off error, the City will make adjustments within sixty
(60) days of receipt of such notification.
ARTICLE III - MA~AGEMENT RIGHTS:
Union recognizes the prerogative of City to operate and manage its affairs
in all respects in accordance with its responsibilities, and the powers or
authority which City has not expressly abridged, delegated or modified by
this Agreement are retained by City. It is understood and agreed that 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~
commissions and boards.
2. To set standards of services.
3. To direct its employees.
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4. To discipline or discharge for just cause.
To relieve its employees from duty because of lack of work,
finances or other legitimate reasons.
6. To maintain the efficiency of governmental operations.
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To determine the methods, means and personnel by which
government operations are to be conducted, except that the
City will not contract any work which is ordinarily done by
its regular employees for the specific purpose of laying off
or demoting such employees, and will furnish the Union with a
copy of any contract entered into involving work covered by
this contract.
8. To determine the content of job classifications.
To take all necessary action to carry out its mission in
emergencies; and
10.
To exercise complete control and discretion over its
organization and the technology of performing its work.
ARTICLE iV - STRIKE AND LOCKOUT PROHIBITION:
Section 1. The Union and its members, as individuals or as a group, will
not initiate, cause, permit or participate or join in any strike, work
stoppage, or slowdown, picketing, or any other restriction of work at any
location in the City. Employees in the bargaining unit, while acting in
the course of their employment, shall not honor any picket line established
in the City by the Union or by any other labor organization when called
upon to cross the picket line in the line of duty. Disciplinary action,
including discharge may be taken by the City against any employee or
employees engaged in a violation of this Article~ Such disciplinary action
may be undertaken selectively at the option of the City and shall not
preclude or restrict recourse to any other remedies, including an action
for damages, which may be available to the City.
Section 2. In the event of a strike, work stoppage, slowdown, picketing,
observance of a picket line, or other restriction of work ii1 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.
Section 3. There will be no lockout of employees in the unit by the City
as a consequence of any dispute with the Union arising during the period of
this Agreement.
ARTICLE V - HOLIDAYS:
Section !.
Holidays:
Recoqnized Holida ~y~_~ The following shall be recognized as
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New Years Day (January 1)
Washington's Birthday (3rd Mon. in Feb.)
Memorial Day (last Mon. in May)
Independence Day (July 4)
Labor Day (Ist Mon. in Sept.)
Veterans Day (November il)
Thanksgiving Day (4th Thurs. in Nov.)
Day after Thanksgiving Day (in lieu of Lincoln's birthday)
Christmas Day (December 25)
Whenever a Holiday shall fall on Sunday, the succeeding Monday shall be
observed as a Holiday. Whenever a Holiday shall fall on Saturday, the
preceding Friday shall be observed as the Holiday. If an employee is on
authorized vacation, sick leave, or other leave with pay when a Holiday
occurs, such Holiday shall not be charged against such leave.
Section 2. Holiday Pay_~ Regular employees shall receive eight (8) hours
pay for each of the Holidays listed above on which they perform no work.
In order to be eligible for Holiday pay when no work is performed, an
employee must work on his last scheduled work day prior to the Holiday and
on his first scheduled workday immediately following the Holiday, unless
the employee provides a justifiable excuse to the City.
Section 3. Holiday Work. If a regular employee is required to work on any
of the Holidays listed above as part of his regularly scheduled work week,
he shall receive, in addition to his regular pay, compensation for all
hours worked at his regular straight time rate of pay. Compensation
accrued by reason of authorized work on a Holiday as provided herein shall
be paid for at the straight time rate being received at the time the work
was performed or given another compensatory day off at the option of the
department head. If any other regular employee is required to work on a
Holiday, he shall receive, in addition to his regular pay, compensation for
all hours worked in accordance with call-back pay provisions set forth in
Article X, Section 3.
ARTICLE VI - VACATIONS:
Section 1. Eligibility. An employee shall be eligible for an annual
vacation time with pay on May 1st of each year in accordance with the
following sections:
Section 1.1 Employees with less than four' (4) full years of continuous
service shall accrue 6.67 hours of vacation credit for each calendar month
of service. (10 working days ma. xim~)
Section 1.2 Employees with more than four (4) but less than nine (9) full
years of continuous service, shall accrue eight (8) hours of vacation
credit for each calendar month of service. (12 working days maximum)
Section 1.3 Employees with more than nine (9) but less than fourteen (14)
full years of continuous service, shall accrue ten (10) hours of vacation
credit for each calendar month of service (15 working days maximum)
Section 1.4 Employees with more than fourteen (].4) but less than nineteen
(19) full years of continuous service, shall accrue twelve (12) hours of
vacation credit for each calendar month of service. (18 working days
maximum)
Section 1.5 Employees with more than nineteen (19) full years of continuous
service, shall accrue 13~33 hours of vacation credit for each calendar
month of service. (20 working days maximum)
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Section 2. Continuous Service. Continuous servzce, for the purpose of
accumulating vacation leave credit, shall be based on the regular paid
hours worked by the employee, except that paid time spent by an employee on
military leave, the first thirty (30) calendar days on sick leave resulting
from an injury incurred in the course of employment, and authorized leave
required by the City, shall be included as continuous service. Time spent
on other types of authorized leave shall not be counted as service,
provided that employees returning from such leave and employees on layoff
status shall be entitled to credit for service prior to the leave or
layoff.
Section 3. Accrual Limitations. Vacation time must be taken by the
employee within twelve (12) months following the date of eligibility, or
such vacation shall be deemed forfeited. An employee who was about to lose
vacation credit because of accrual limitations may, by notifying his
supervisor fifteen (15) days in advance, absent himself to prevent loss of
this vacation time. The City shall establish a procedure to notify an
employee thirty (30) days in advance of impending loss of accrued vacation
time. Such action taken by the employee shall not constitute a basis for
disciplinary action or loss of pay. Vacation leave shall not accrue during
a leave of absence without pay or an educational leave with pay in excess
of fifteen (15) calendar days. No payment shall be made for vacation time
lost by an employee because of accrual limitations, unless the failure to
take vacation is caused by the City's insistence that the employee be at
work during a scheduled vacation period.
Sect____~0n 4. Scheduling. Employees shall be permitted to request vacation
on either an entire basis, or split into increments of not less than five
working days. Vacation times shall be scheduled based on the head of the
department's judgment as to the needs of efficient operations and the
availability of vacation relief. Accordingly, the City will not guarantee
that vacation times selected by the Street Division crew during the last
two weeks of June, the last two weeks of August cr September will be
granted. 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, that each employee will be permitted to
exercise his right of seniority only once annually° The vacation schedule
for the period of May I to April 30, shall be posted annually as of April 1
and employees shall exercise their choice by bidding in seniority.
Employees of the Street Division selecting vacation times during the last
two weeks of June, last two weeks of August or September will be allowed to
also select alternate vacation times. The list shall be closed as of April
30 and subsequent changes shall be made only by mutual consent between the
employee and the City. Scheduling of vacation periods to the extent
consistent wi. th operating requirements of the City and vacation credits of
the employee, shall be in weekly units. If an employee's choice for a
vacation period is restricted by the City because of the necessity to
complete work in a given time period~ then that employee may accumulate and
carry over five (5) working days of vacation time into a subsequent year.
Section 5. Pa~nent on Termination. In the event of death or termination
o--~-~"'e~pl, oyee 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 vaca~tion 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
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unused vacation leave shall be paid in the same manner as salary due the
deceased employee is paid.
ARTICLE VII - HOURS OF WORK:
Section 1. Workweek. The workweek, to the extent consistent with
operating requirements of the departments covered by this Agreement, and
recognizing the necessity for continuous service by such departments
throughout the week, shall consist of five (5) consecutive days as
scheduled by the Department Heads or other responsible authority.
Section 2. Hours. Treatment plant operators shall be scheduled for eight
(8) consecutive hours (including 1/2 hour for a meat. period which shall be
paid) but shall report for work up to fifteen (15) minutes prior to 'the
beginning of their scheduled shift to receive adequate briefing, as
determined by the City, by 'the operator going off shift.
The regular hours of all other employees shall be 8 1/2 consecutive hours,
including 1/2 hour for a meal period which shall not be paid. In addition,
any other regular employee who is scheduled to work a shift which begins
prior to 6:00 A.M., or a shift which ends after 10:00 P.M., shall be
scheduled for 8 consecutive hours, including 1/2 hour for a meal period
which shall be paid.
Section 3. Work Schedules. Ail employees, to the extent consistent with
operating requirements, shall be scheduled to work on a regular work shift,
and each shift shall have regular starting and quitting times. Work
schedules showing the employee's shifts, workdays and hours shall be posted
on department bulletin boards. Except for emergency situations and for the
duration of the emergency, changes in work schedules shall be posted seven
(7)* days prior to the effective date of the change.
Section 4. 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. Rest periods may be
taken at a place of the employee's choosing provided no more than the
allotted time is used and no City vehicles are used for transportation to
or from such place.
Section 5. Meal Periods. To the extent, consistent with operating
requirements of the respective departments, meal periods shall be scheduled
in the middle of the work shift. Meal periods may be taken at a place of
the employee's choosing, provided no more than the allotted time is used
and no City vehicles are used for transportation to or from such place.
ARTICLE VIII - SICK LEAVE:
Section 1. Accumulation. Sick leave shall be earned for the purposes
stated herein by each eligible employee at the rate of eight (8) hours for
each full calendar month of service. No new sick leave credit may be
accrued after the first thirty (30) calendar days on sick leave resulting
from an injury incurred in the course of employment. Sick leave may be
accumulated to a total of eight hundred eighty (880) hours and must be
taken for the purposes specified in Section 2 hereof as a condition
precedent 'to any sick leave payment.
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Section 2. Utilization for Illness or In'[~.r_y~ Employees may utilize their
allowance for sick leave when unable to perform their work duties by reason
of illness or injury. In such event, the employee shall notify the
department head or other supervisor of absence due to illness or injury,
the nature and expected length thereof, as soon as possible prior to the
beginning of his scheduled regular work shift, unless unable to do so
because of the serious nature of injury or illness. A physician's
statement of the nature and identity of the illness, the need for the
employee's absence and the estimated duration of the absence may be
required at the option of the City for absences of over two days prior to
payment of any sick leave benefits or prior to allowing the employee to
return to work. A physician's statement may be required as a prerequisite
to payment of sick leave for less than three (3) days if the employee has
been advised in advance of such requirement.
Section 3. Inteqration 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 employees regular pay. In such
instances, pro rata charges will be made against accrued sick leave for the
first thirty (30) calendar days in proportion to the City's contribution to
the employee's daily wage. Thereafter, full charges will be made against
accrued sick leave until such sick leave is exhausted, after which time the
only compensation will be Workmen's Compensation benefits, if any.
Section 4. Sick Leave Without Pay. Upon application by the employee, sick
leave without pay may be granted by the City for the remaining period of
disability after accrued sick leave has been exhausted. The City may
require that the employee submit a certificate from a physician
periodically during the period of such disability, and before returning to
work.
Section 5. Termination. Sick leave is provided by the City in the nature
of insurance against loss of income due to illness or injury. No
compensation for accrued sick leave shall be provided for any employee upon
his death or termination of employment, except that upon retirement,
accumulated sick leave will be applied to retirement as provided in ORS
237.153. Sick leave shall not accrue during any period of leave of absence
without pay.
ARTICLE IX - FUNERAL LEAVE:
Section 1. Funeral Leave. An employee may be granted three (3) days
funeral leave with regular pay in the event of death in the immediate
family of the employee. An employee's immediate family shall include
spouse, parent, children, brother, sister, mother-in-law, father-in--law.
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 may be granted if the funeral is over 750 miles
from Ashland, one-way.
ARTICLE X - OTHER LEAVES OF ABSENCE:
Section 1. Criteria and Procedure. Leaves of absence without pay not to
exceed one (!) year may be granted upon establishment of reasonable
justification therefore in instances where the work of the department will
not be seriously handicapped by the temporary absence of the employee.
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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. D~ty,.. Employees shall be granted leave with pay for
service upon a jury; provided, however, that the regular pay of such an
employee for the period of absence shall be reduced by the amount of money
received by him for such jury service, and upon being excused from jury
service for any day an employee shall i~ediately contact his supervisor
for assignment for the remainder of his or her regular workday.
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 of 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 to any legitimate full-time
paid Union office which takes them from their employment with the City,
shall upon written request of the Union and the employee, be granted a
leave of absence of up to one (1) year without pay~ renewable upon
application. Employees selected by the Union to attend conventions and
related Union activities, shall upon written request of the Union and the
employee, be granted a leave of absence of up to thirty (30) days without
pay.
Section 7. Educational Leave. After completing one (1) year of continuous
service, an employee, upon written request may be granted a leave of
absence without pay by the City for the purpose of upgrading his or her
professional ability through the enrollment in educational courses directly
related to employment at an accredited school or course of study. The
period of such leave of absence shall not exceed one (1) year, but may be
renewed or extended upon request of the employee and approval by the
department head. One-year leaves of absence, with requested extensions,
for educational purposes may not be provided more than once in any three
(3) year period. His replacement shall be considered a temporary employee.
Employees 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. Military and Peace ~_o_rps Leave. Military and Peace Corps leave
shall be granted in accordance with Oregon Revised Statutes.
Section 9. Failure to Return From Leave. Any employee who is granted a
leave of absence and who, for any reason, fails to return to work at the
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expiration of said leave of absence, shall be considered as having resigned
his position with the City, and his position shall be declared vacated;
except and unless the employee, prior to the expiration of his leave of
absence, has furnished evidence that he is unable to work by reason of
sickness, physical disability or other legitimate reason beyond his
control.
ARTICLE XI - COMPENSATION:
Section 1. Pa~ Schedule. Employees shall be compensated in accordance
with the pay schedule attached to this Agreement and marked Appendix "B"
which is hereby incorporated into and made a part of this Agreement. When
any position not listed on the pay schedule is established, the City shall
designate a job classification and pay rate for the position. The Union
shall be notified and the pay rate established by the City shall be
considered tentative until the Union has been afforded the opportunity to
meet and discuss the matter. If the Union does not agree that the
classification or pay rate is proper, the Union may submit the issue as a
grievance according to the grievance procedure. It is understood that the
existing three-step wage schedule shall continue to apply to bargaining
unit members on the effective date of the contract, and that the four-step
wage schedule shall only apply to new employees hired after 12-1-84~
Section 2. Pay Periods. Paydays shall be on the Friday following the
close of each pay period.
Section 3. Call-Back Time. Employees called back to work shall receive
overtime pay with a guaranteed minim~ of one (1) hour at double time for
the work for which they are called back. This section applies only when
call-back results in hours worked which are not annexed consecutively to
one end or the other of the working day or working shift~ This section
does not apply to scheduled overtime, call-in times annexed to the
b~ginning of the work shift, or hold-over times annexed to the end of the
work shift or work day°
Section 4. Overtime. The City has the right to assign overtime work as
required in a manner' most advantageous to the City, and consistent with the
requirements of municipal service and the public interest. Employees shall
be compensated at the rate of two times the regular rate for overtime work
under the following conditions, but in no event shall such compensation be
received twice for the same hours:
(a) Ail assigned work in excess of eight (8) hours on any scheduled
workday.
(b) All assigned work in excess of forty (40) hours in any workweek.
Section 5. Form of Compensation. Compensation for authorized overtime,
call-back, and holiday work shall be paid in the form of pay at the
applicable rate. All overtime shall be recorded by the employee and must
be approved by the Department Head or designated supervisor.
Section 6. Standby Pay. Standby pay shall be 5% of an employee's regular
monthly rate. If a holiday occurs during such period an additional 2 1/2%
of the employee's regular monthly rate shall be paid to such employee.
Section 7. Certification Pay. Treatment Plant Operators with an Oregon
State Treatment Plant Operator's or Wastewater Treatment Operator's level
II certification will be paid twenty (20) cents per hour certification pay
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in addition to their regular rate of pay as shown in Appendix "B'~.
Treatment Plant Operators certified at level III will receive thirty (30)
cents per hour certification pay in addition to their regular rate of pay.
Treatment Plant Operators certified at level IV will receive forty (40)
cents per hour certification pay in addition to their regular rate of pay.
Treatment Plant Operators must obtain either of the two above-mentioned
certifications at level I as a condition of continued employment. The
present employee in this classification who is not certified as of the
effective date of this agreement will have two years from the date of
employment to obtain such certification. All Utility Workers with an
Oregon State Water Distribution Operator's level II certification will be
paid twenty (20) cents per hour certification pay~ a level III
certification will be paid thirty (30) cents per hour certification pay and
a level IV certification will be paid forty (40) cents per hour
certification pay in addition to their regular rate of pay. Mechanics who
are certified to conduct I & M inspections shall receive an additional
twenty (20) cents per hour and shall maintain their certification as a
condition of employment.
Section 8. Milea~e~_~ 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 rate of $.15 per mile for the use of
such automobile directly in the line of duty.
ARTICLE XII - DISCIPLINE AND DISCHARGE:
Section 1. Discipline. Disciplinary action may include the following:
(a) Oral reprimand.
(b) Written reprimand.
(c) Demotion.
(d) Suspension.
(e) Discharge~
Disciplinary action may be imposed upon any employee for failing to fulfill
his or her responsibilities as an employee. Conduct reflecting discredit
upon the City or department, or which is a direct hindrance to the
effective performance of City functions, shall be considered good cause for
disciplinary action. Such cause may also include misconduct, abuse of sick
leave, inefficiency, incompetence, insubordination, misfeasance,
malfeasance, the willful giving of false or confidential information, the
withholding of information with intent to deceive when making application
for employment, willful violation of departmental rules or for political
activities forbidden by State Law. Any disciplinary action imposed upon an
employee shall be protested only as a grievance through the regular
grievance procedure. Written reprimands shall not be kept in an employee's
file longer than 12 months unless there is a similar disciplinary problem
during this time.
If the Department Head or other supervisor has reason to discipline an
employee, he shall make reasonable efforts to impose such discipline in a
manner that will not embarrass or humiliate the employee before other
employees or the public.
Section 2. Discharq~ An employee having less than twelve (12) months
continuous service shall serve at the pleasure of the City. An employee
having continuous service in excess of twelve (12) months shall be
discharged only for cause. If the department head or other supervisor
determines that there is cause for discharge, he shall suspend the employee
without pay for five (5) calendar days and shall deliver to the employee
and the Union a written notice of such suspension and pending dismissal.
Such notice shall specify the principal grounds for such action. Unless
otherwise resolved, the dismissal shall become effective at the end of the
five-day suspension. Protest of the discharge of any regular employee
shall be made only through the grievance procedure set forth in Article
XIII. The Union may process a grievance concerning suspension or
discharge, or both, at Step II of the grievance procedure.
ARTICLE XIII - 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 division head or supervisor within seventy-two (72) hours of
its occurrence, excluding Saturday and Sunday. Such employee may be
accompanied by the Steward, if he so desires. The division head or
supervisor shall then attempt to adjust the matter within three (3) working
days.
STEP II. If the grievance has not been settled between the affected
employee and the division head or supervisor, it may be presented in
writing by the Union Business Manager or his designee to the Director of
Public Works within seventy-two hours, excluding Saturday and Sunday, after
the response specified in STEP I is due. The written notice shall include
details of the grievance, the section of this Agreement allegedly violated
and the specific remedy requested. The Director of Public Works shall
respond to the Union representative in writing within five (5) working days
after receipt thereof.
STEP III. If the grievance still remains unadjusted, it may be presented
by the Union to the City Administrator of the City or his designee(s),
within seven (7) days after the response specified in STEP II is due. The
City Administrator or his designee(s) shall respond in writing to the Union
within five (5) working days.
STEP IV. If the grievance is still unsettled, either party may, within ten
(10) days after the reply of the City Administrator is due, by written
notice to the other, request arbitration of the dispute under STEP V
hereof.
STEP V. 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 IV have the right to have the matter arbitrated by a third party
jointly agreed upon by the City and the Union. If the parties are unable
to agree upon an arbitrator, the Oregon State Conciliation Service shall be
requested to submit a list of five names. Both the City and the Union shall
have the right to strike two names from the list. The party requesting
arbitration shall strike the first name and the other party shall then
strike one name. The process shall be repeated and the remaining person
shall be the arbitrator. The City and the Union shall meet in a preheating
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
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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 his 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 of 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 and the remedy requested shall be
deemed granted.
Section 2o Stewards. Employees selected by the Union to act as Union
representatives shall be known as "stewards" and shall not exceed two (2)
in number. The names of the employees selected as stewards, and the names
of local Union representatives, state council or international
representatives who may represent employees, shall be certified in writing
to the City by the Union. Duties required by the Union of stewards,
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 or other employees'
regular work assigD~ents as employees of the City. Contacts between
stewards and employees or the Union shall be made outside working hours so
as not to disrupt regular city operations.
ARTICLE XIV - SENIORITY:
Section I. Seniority. Seniority shall be an employee's length of
continuous service with the bargaining unit, dating from his last date of
hire, and shall apply by job classification within his division in the
matter of layoff, recall, vacation~ and training. In the event of a
layoff, such employee may exercise his seniority in a lower job
classification within his division. Recall from a layoff shall be in the
reverse order of seniority. The City reserves the right to layoff out of
order of seniority and the emplol~ent relationship shall be broken or
terminated if an employee (1) quits; (2) is discharged for just cause; (3)
is absent from work for three consecutive working days without notification
to the City; (4) is laid off and fails to report to work within three days
after being recalled; (5) is laid off from work for any reason for 24
months, or for a period of time equal to his seniority, whichever is
shorter; (6) fails to report for work at the termination of a leave of
absence; (7) if while on a leave of absence for personal health reasons,
accepts other employment without permission; or (8) if he is retired.
Section 1.! 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 for disciplinary reasons; (4)
election to a full-time paid Union office up to one (1) year, renewable
upon application; (5) other authorized leaves of absence up to thirty (30)
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calendar days; and (6) promotion to a supervisory position outside of the
bargaining unit for six (6) months.
Section 1.2 Accrual of Seniority_~ Seniority shall continue to accrue
during (1) authorized sick leave or disability leave up to thirty (30)
calendar days; (2) vacation leave; (3) educational leave required by the
City; (4) military leave as specified in Article X; (5) funeral leave; (6)
holiday leave; ('7) jury duty; and (8) compensatory time off.
Section 2. Probationary Period. The probationary period is an integral
part of the employee selection process and provides the City with the
opportunity to upgrade and improve the department by observing a new*
employee's work, training~ aiding new employees in adjustment to their
positions, and by providing an opportunity to reject any employee whose
work performance fails to meet required work standards. Every new employee
hired into the bargaining unit shall serve a probationary period of twelve
(12) full months after which he shall be considered a regular employee and
granted seniority to the last date of hire. The Union recognizes the right
of the City to terminate probationary employees for any reason and to
exercise all rights not specifically modified by this Agreement with
respect to such employees, including, but not limited to, the shifting of
work schedules and job classifications, the assignment of on-the-job
training, cross-training in other classifications, the assignment of
educational courses and training programs, and the request that such
employees attend training programs on their off-duty time. Termination of
a probationary employee shall not be subject to the grievance procedure
under Article XIII.
Section 3. Promotional Probationary Period. Regular employees promoted
into a higher classification shall serve a promotional probationary period
of six (6)~* full months. The Union also recognizes the right of the
employer to demote an employee on promotional probationary status to his
previous position. Demotion cf an employee on promotional probationary
status shall* be subject to the grievance procedure under Article XIII.
Section 4. Promotional Opportunities. The City and the Union recognize
that promotions from within the divisions increase productivity and morale.
The City and the Union also recognize the affirmative action policy of the
City that all job opportunities shall be advertised both within and without
the City service pursuant to the Federal Equal Opportunity Act of 1972 and
Presidential Executive Order 11246. To this end, training will be provided
as specified in Article XV, Section 13, and all job opportunities shall be
posted for a minimum of ten (!0) working days before a position is filled.
If two or more present employees who apply for the vacancy are equally
qualified, seniority shall govern. If a present employee and an outside
applicant are equally qualified, the present employee shall receive the
appointment. Employees who are promoted shall not suffer a reduction in
wages. The City shall be the judge of an employee or applicant's
qualifications.
Section 5. Recall From Layoff. 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 6. Temporary Employees.. If any regular bargaining unit employees
are on a layoff status, temporary employees shall not be used to supplant
the duties previously performed by such regular employees, provided such
regular employees are qualified.
ARTICLE XV - 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 references to employees in this agreement
designate both sexes, and wherever the male gender is used, it shall be
construed to include 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 Union by reason of the exercise of such right except as
specifically provided herein. Nothing in this agreement shall be construed
as precluding or limiting the right of an individual employee to represent
himself in individual personal matters.
Section 2. Bulletin Boards. The City agrees to furnish and maintain a
suitable bulletin board in a convenient place in the work or assembly area
to be used by the Union. The Union shall limit its postings of Union
notices and bulletins to such bulletin board, which shall be used only for
the following Union notices and bulletins:
a. Recreational and social affairs of the Union.
b. Union meetings.
c. Union elections.
d. Reports of Union committees.
e. Rulings or policies of the International Union.
Section 3. Visits...by Union Representatives. The City agrees that
accredited representatives of the District Council of Laborers and Laborers
Union, Local #1400, upon reasonable and proper introduction, may have
reasonable access to the premises of the City at any time during working
hours for the purpose of assisting in the administration of this agreement,
if they first obtain permission to do so from the Director of Public Works
or his designated representative.
Section 4. Solicitation. The Union agrees that its members will not
solicit membership in the Union or otherwise carry on Union activities
during working hours, except as specifically provided in this Agreement.
Section 5. Existing Conditions. Only such existing and future work rules
and benefits as are specifically covered by the terms of this agreement
shall be affected by recognition of the Union and the execution of this
agreement. It is further agreed that if modification of work rules or
benefits covered by a specific provision of this Agreement is proposed, any
such modification shall be posted prominently on all bulletin boards for a
period of seven (7) consecutive days prior to implementation.
Section 6. Rules. It is jointly recognized that the City must retain
broad authority to fulfill and implement their responsibilities and may do
so by work rule, oral or written, existing or future. It is agreed,
however, that no work rule will be promulgated or implemented which is
inconsistent with a specific provision of this agreement, or is contrary to
the provisions of Oregon State Law. All work rules which have been, or
shall be reduced to writing will be furnished to the Union and to affected
employees.
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Section 7. Other E_____mpl0yment. Outside employment shall be permitted only
with the express prior written approval of the City.
Section 8. 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 unforeseen
emergency, or for purposes of instruction or training, or where the
complement of regular employees is temporarily reduced by reason of absence
of any employee due to illness or other legitimate reasons~ or where the
work load is temporarily increased.
Section 9. UniformS, Protective C!othinq and Devices° If an employee is
required to wear a uniform, protective clothing, or use any type of
protective device, such article shall be provided, maintained and cleaned
by the City. Replacements shall be provided by the City upon surrender of
the article, at no cost to the employee, reasonable wear excepted. Lost
articles or damage to articles due to negligence shall be reimbursed to the
City by the employee. The City shall provide a safe place for the storage
of such articles. Failure of an employee to wear such required uniform,
protective clothing, or use such protective devices as prescribed by the
City shall be cause for disciplinary action as set forth in Article XII
hereof. The Union and the City shall share equally in the responsibility
for applying the provisions of this Section.
Section 10. Response.Time Re_q~ire____m~nt, All regular employees regularly
assigned to standby status shall establish their residence to enable them
to report for emergency duty within fifteen (15) minutes of notification,
including get ready time and travel time. New employees shall establish
their residency within a fifteen (15) minute response time within six (6)
months of date of hire.
Section 11. Utility Discount. Ail regular employees shall receive a
twenty-five (25) percent discount on City domestic water, sewer and
electric uti!ties.
Section 12. Safet~ Standards Committee. In order that the City may be
informed and/or take appropriate action on standards of safety, protective
equipment, or similar matters, a committee shall be formed composed of the
Director of Public Works and/or his designated representatives not to
exceed two, and representatives of the Union not to exceed three. The
committee shall meet quarterly and make recommendations for improvements to
the City Administrator.
Section 13. Traininq Opportunities. On-the-job training will be provided
by the City so that all equipment included in the Utility Worker III
classification will have available one more operator than there are pieces
of equipment in the Division.
Employees interested in training will notify the City through their
supervisor. If at any time during the training period the employee or his
supervisor feel that he is not willing or able to proceed with the program,
the City and the Union will be notified~ The Department Head and Business
Manager of the respective parties will meet to determine if the training is
advantageous to both parties. Their decision in this matter will be binding
unless an agreement cannot be reached.
Section 14. TemRorar~_ Temporary employees shall, not be used in
such a way as to negate the purpose and intent of ARTICLE XV - GENERAL
PROVISIONSz Section 13 Traininq Opportunities relating to the operation, of
heavy equipment.
During the training period, the employee will not be entitled to any extra
compensation for his duties. The City will be the sole judge as to when an
employee has completed the training program, provided however that the
amount of training time required shall not be unreasonable in relation to
the complexity of the duties of the new job.
The City shall establish a cooperative training program with the Union for
advancement of employees who apply for such training. The program shall
provide not less than two (2) hours of training per week in each division
for one employee. For each hour of training on City time, the employee
will devote one hour of personal time. Training will normally be
immediately prior to or following the regular work day. Additional
training time may be provided to other personnel as time permits.
In the Street Division, training will be given on the asphalt paver and
roller during paving season only. Training on other pieces of equipment
will not be given during the last two weeks of June or the last two weeks
of August.
ARTICLE XVI - HEALTH~ WELFARE AND RETIREMENT:
Section 1. Health and Welfare. The group health, life and salary
continuation plan, or similar plans, in effect for all regular employees
immediately prior to the execution of this Agreement shall be continued for
the duration of this Agreement. The City shall also provide Blue Cross
Plan III or better dental insurance for the employee an~ family. Effective
7-1-85 the City shall provide Blue Cross UCR Vision Insurance or a similar
plan for the employee and family. Health, dental and vision premium
increases during the life of this agreement shall be paid by the City.
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. The City will assume or pay
the employee contribution required by ORS for all employees covered by this
Agreement at a uniform rate of 6%. When making salary comparisons and
computing inequity adjustments six percent (6%) will be added to the wage
rates shown in Appendix "B".
ARTICLE XVIII - WORKER'S COMPENSATION:
Section !. Worker's CompensatioDm Ail employees will be insured under the
provisions of the Oregon State Worker's Compensation Act for injuries
received while at work for the City.
Section 2. Supplementary Payment. Compensation paid by the City for a
period of sick leave also covered by worker's compensation shall be equal
to the difference between worker's compensation pay for lost time and the
employee's regular pay rate.
ARTICLE XIX - LIABILITY INSURANCE:
The City shall purchase liability insurance to the limits set forth in
O.R.S. 30.270 for the protection of all employees covered by this agreement
against claims against them incurred in or arising out of the performance
of their official duties. The premiums for such insurance shall be paid by
the City.
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ARTICLE XX - SAVINGS CLAUSE AND FUNDING:
Section 1. Savinqs Clause. Should any provision of this Agreement be
subsequently declared by the proper legislation 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. Fundinq~ The parties recognize that revenue needed to fund the
wages and benefits provided by this Agreement must be approved annually by
established budget procedures and in certain circumstances by vote of the
citizens of the City. All such wages and benefits are therefore contingent
upon sources of revenue and, where applicable, annual voter budget
approval. The City has no intention of cutting the wages and benefits
specified in this Agreement because of budgetary limitations, but cannot
and does not guarantee any level of employment in the bargaining unit
covered by this Agreement. The City agrees to include in its annual budget
request amounts sufficient to fund the wages and benefits provided by this
Agreement, but makes no guarantee as to passage of such budget requests or
voter approval thereof.
ARTICLE XXI - TERMINATION AND REOPENING:
This Agreement shall be effective as of the first day of July, 1987, and
shall remain in full force and effect until the 30th day of June, i990, and
shall terminate all prior agreements and practices, and concludes all
collective bargaining during the term of this Agreement. I't shall be
automatically renewed from year to year thereafter unless either party
shall notify the other in writing not later than 180 days prior 'to the
expiration or subsequent anniversary date that it wishes to modify the
Agreement for any reason. Such notification shall include the substance of
the modification and the language with which such desired modifications are
to be expressed. In the event that such notice is given, negotiations
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shall begin not later than 30 days after said notice. This Agreement shall
remain in full force and effect during the period of negotiations.
LABORERS INTERNATIONAL UNION
OF NORTH AMERICA, LOCAL 91400
CITY OF ASHLAND, OREGON
BY
BY
Date
APPROVED:
LABORERS INTERNATIONAL UNION
OF NORTH ~W~.RICA ~
B¥.~2
Date /'~'--'~
APPROVED:
ASHLAND CITY COUNCIL
r,. Gordon Medar±s, Mayor
Date /- ./5-~ ? /
Nan Franklin, City Recorder
Date / -/~' ~"Z /
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APPENDIX 'A'
CLASSIFICATIONS WITHIN THE BARGAINING UNIT
Cemetery Maintenance Worker
Mechanic
Meter Reader/Repair
Treatment Plant Operator
Utility Worker I
Utility Worker II
Utility Worker III
Utility Worker IV
Water Quality Technician
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LABORERS UNION EMPLOYEES APPENDIX "B"
WAGE SCHEDULE
Effective 9-1-86
CLASSIFICATION
Utility Worker I
First 6 months
Next 12 months
Next 12 months
Rate
Utility Worker II
First 6 months
Next 12 months
Next 12 months
Rate
Utility Worker III
First 6 months
Next 12 months
Next 12 months
Rate
Employees Hired
Before 12-1-84
$6.32 (1095)
6.83 (1184)
7.87 (1364)
6.79 (11/77)
7.33 (1270)
8.55 (1482)
8.01 (1388)
8.52 (1477)
9.55 (1655)
Utility Worker IV/ Water Qual. Tech.
First 6 mon'ths
Next 12 months
Next 12 months
Rate
Senior Treat. Plant Op.
First 6 months
Next 12 months
Next 12 months
Rate
Treatment Plant Operator
First 6 months
Next 12 months
Next 12 months
Rate
Meter Reader/Repair
First 6 months
Next 12 months
Next 12 months
Rate
Cemetery Maintenance Worker*
First 6 months
Next 12 months
Next 12 months
Rate
Mechanic
First 6 months
Next 12 months
Next 12 months
Rate
8.58 (1487)
9.11 (1579)
10.09 (1749)
8.13 (1409)
8.64 (1498)
9.66 (1674)
7.49 (1298)
8.05 (1395)
9~22 (1598)
6.88 (1192)
7.45 (1291)
8.62 (1494)
6.79 (1177)
7.35 (1274)
7.93 (1374)
8.55 (1482)
7.66 (1328)
8.43 (1461)
9.64 (1671)
Employees Hired
After 12-1-84
$6.32 (1095)
6.81 (1180)
7.36 (1276)
7.87 (1364)
6.79 (1!77)
7.35 (1274)
7.93 (1374)
8.55 (1482)
8.01 (1388)
8.48 (1470)
8.98 (1556)
9.55 (1655)
8.58 (1487)
9.09 (1576)
9.63 (1669)
10.09 (1749)
8.13 (1409)
8.62 (1494)
9.14 (1584)
9.66 (1674)
7.49 (1298)
8.09 (1402)
8.73 (1513)
9.22 (1598)
6.88 (1192)
7.44 (1290)
8.03 (1392)
8.62 (1494)
6.79 (1177)
7.35 (1274)
7.93 (1374)
8.55 (1482)
7.66 (1328)
8.33 (1444)
9.09 (1576)
9.64 (1671)
*Plus $0.57 per hour when assigned Lead Worker responsibility.
Wage increases for each year of this agreement shall be the average of
the Portland and National CPI-W increase, March to March, with a
guaranteed minimum salary increase of 3% and maximum salary increase
of 6%, beginning July 1, 1987.
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MEMORANDUM' OF ~UND~ERSTANDING
WHEREAS, there presently exists a Contract between the parties
effective July 1, 1984 through June 30, 1987; and
WHEREAS, a dispute has arisen between the parties concerning
the interpretation of the application of the wage
formula to be applied during the final year of the
above contract°
NOW THEREFORE, in settlement of the dispute concerning the formula
to be effective for the final year of the Contract, the parties
agree and understand as folloWs:
That upon ratification of a new three (3) year contract
between the parties, the City agrees to grant an additional
o5 % wage increase to members of the Union effective on
September 1, 1986o
o
That the formula for future wage increases for each year
of the new contract shall be the average of the Portland
and National CPI-W increase, March to March, with a
guaranteed minimum salary increase of 3% and a maximum
salary increase of 6%°
3o The City shall pick up the increased cost of the Health
and Welfare package°
4o The Cemetery Worker position shall be paid on the same
wage schedule as the Utility Worker II position effective
September 1, 19860
5o Mechanics who are certified to conduct I & M inspections
shall receive an additional 20¢ per hour and shall main-
tain their certification as a condition of employment,
effective September 1, 1986o
6° All other terms and conditions shall remain unchanged from
the present Contract°
This Memorandum of Understanding shall be effective upon its
signature by the parties and ratification by the Ashland City
Council, and shall be extinguished upon signature by the parties
of a new 3 year contract as set forth above°
LA~0RERS LOCAL f/1400
istrict Councf! of Laborers
date
RATIFIED BY THE CITY COUNCIL:
· rdon Medar±s, MaYor
Nan E o Frankl±n, Recorder
date:
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