HomeMy WebLinkAbout1987-034 Union No 223 AgrmtGlenn M. Vance
SECRETARY TREASURER
TEAMSTERS LOCAL 223
Representing
Office, ProfessiOnal, Medical, Technical and Public Employees
ThrOughout the State of Oregon and Southwestern Washington;
MAIN OFFICE Medford Branch Office
1230 N.E. 106th Avenue 24 South Grape Street
Portland, Oregon 97220 Medford, Oregon 97501
Tel: (503) 256-5995 Tel: (503) 772-9826
November 18, 1987
Mr. Brian Almquist
City Administrator
City of Ashland
City Hall
Ashland, OR 97520
Dear Mr. Almquist:
Enclosed for your
the City of Ashland and
GMV:ls
Enclosure
records is a fully signed agreement between
Teamsters Local 223.
Glenn M. Vance
Secretary-Treasurer
AGREEMENT BETWEEN
THE CITY OF ASHLAND, OREGON
and
TEAMSTERS LOCAL UNION NO. 223
PREAMBLE
This agreement is entered into by the City of Ashland, Oregon,
hereinafter referred to as the "City", and the Teamsters Local
Union No. 223, International Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America of Portland, Oregon,
hereinafter called the "Union". Unless indicated otherwise,
reference to the "City" herein shall include the Mayor and City
Council or their designee(s) as the officials directly responsible
for the operation of the department covered by this Agreement.
The purpose of this Agreement is to set forth the full and
complete Agreement between the parties on matters pertaining to
rates of pay, hours of work and other conditions of employment.
SCOPE OF AGREEMENT
This Agreement shall apply to all employees of the Police
Department, Ashland, Oregon as set forth in "Appendix A" but
excluding members of the Ashland Police Reserve, irregular part-
time employees, seasonal and temporary employees.
Where the term "employee" is used, it shall mean regular full or
part-time employees or probationary employees within the
bargaining unit, as the same are defined in Article XIII hereof.
The parties agree as follows:
ARTICLE I - RECOGNITION
1.1 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.
1.2 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 confer on
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.
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1.3 In the event the City adopts a public safety plan, or
should additional jurisdictions participate in the dispatch center,
either party may by written notice to the other initiate
negotiations. Negotiations shall be over the wage rate to be paid
to any affected member of the bargaining unit or to be accorded
any affected covered classification where the responsibilities of
said member or classification are substantially changed as a
result of the above circumstances.
ARTICLE II - UNION SECURITY
2.1 Checkoff. Any employee who is a member of the Union or
who has applied for membership, shall sign and deliver to the
Union, who shall forward to the City, an original assignment
authorizing deductions of membership dues in the Unione Such
authorization shall continue in effect from year to year unless
revoked or changed in writing. Pursuant to each authorization the
City shall deduct such dues from the first salary check of said
employee each month. The amounts deducted shall be remitted to
the Union by the fifteenth (15th) of the succeeding month to the
official designated by the Union in writing to receive such
deduction.
2.2 Fair Share. Employees who are not members of the Union
shall make payment in lieu of dues to the Union. Such payment
shall be the same amounts as provided for regular Union dues,
initiation fees and assessments. The section shall be referred to
as the "Fair Share" Agreement and 'the City shall deduct from the
first salary check of each employee, each month, the payments for
regular dues or payments in lieu of dues and shall remit the same
to the Union by the fifteenth (15th) of the succeeding month.
2.3 Religious Objection. Any employee who is a member of a
church or religious body having bona fide religious tenets or
teachings which prohibit association with a labor organization or
the payment of dues or payment in lieu of dues to a labor
organization, shall pay an amount of money equivalent to regular
Union dues, initiation fees and assessments to a non-religious
charity or to another charitable organization mutually agreed upon
by the employee affected by the Union. The City shall deduct from
the first salary check of each such employee, each month the
payments to such charitable organization and shall remit the same
to the charitable organization by the fifteenth (15th) of the
succeeding month. The employee shall supply proof to the Union,
each month, that this has been done.
2.4 Hold Harmless. The bnion agrees to 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 thirty (30) days of receipt of such
notification.
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2.5 New Hires. The City will notify the Union of all new°
hires in the unit within two (2) weeks after their having been
employed, furnishing the Union with the new employee's name,
social security number, mailing address and position for which he
or she has hired.
2.6 Bulletin Boards. The City agrees to allow suitable
wall space in the Police Station, not to exceed 3'x3' for bulletin
boards which may be locked by the Union, to be used by the Union
for the posting of notices and bulletins relating to the Union.
The Union shall limit its posting of Union notices and
bulletins to such bulletin board, which shall be used only for the
following Union notices and bulletins:
(a) Recreation 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
(f) Communications from the Union to the bargaining unit
(g) Current events regarding Union activity
2.7 Stewards. Employees selected by the Union to act as
Union representatives shall be known as "stewards and shall not
exceed three (3) in number. The names of the employees selected
as stewards, 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 stewards, excepting
attendance at meetings with supervisory personnel and aggrieved
employees arising out of a grievance already initiated by an
employee under Article XII, shall not interfere with their or
other employees' regular work assignments as employees of the
City. Contacts between stewards and employees or the Union shall
be made outside of working hours so as not to disrupt regular City
operations.
2.8 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.
2.9 Visits by Union Representatives. The City agrees that
accredited representatives of the Union, 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 Chief of Police or his
designated representative. In no case will such access be
unreasonably denied.
ARTICLE III - MANAGEMENT RIGHTS
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The City shall retain the exclusive right to exercise the
customary functions of management including, but not limited to,
directing the activities of the department; determining the levels
of service and methods of operation including contracting and
subcontracting, and the introduction of new equipment; the right
to hire, lay-off, transfer, and promote; the discipline or
discharge for cause as defined in Article XI; to determine the
duties and responsibilities of job classifications; to make rules
consistent with the terms of this Agreement; to determine work
schedules and assign work; and any other such rights not
specifically referred to in this Agreement. The failure by the
City to exercise its rights under this Article in any respect
shall not be taken as a waiver of such rights.
ARTICLE IV - STRIKE PROHIBITION
4.1 The Union and its members, as individuals or as a group,
will not initiate, cause, permit or participate or join in any
authorized strike, work stoppage, or slowdown, picketing, or any
other restriction of work at any location in the City. Employees
in the bargaining unit, which 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 a 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.
4.2 In the event of an unauthorized 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.
4.3 The City agrees that there will be no lockout of
employees of the bargaining unit as a consequence of any dispute
with the Union arising during the term of this Agreement.
ARTICLE V - HOLIDAYS
5.1 Recognized Holidays.
as Holidays:
The following shall be recognized
New Years Day (January 1)
Washington's Birthday (3rd Monday in February)
Memorial Day (last Monday in May)
Independence Day (July 4)
Labor Day (lst Monday in September
Veterans Day (November 11)
Thanksgiving Day (4th Thursday in November)
Day after Thanksgiving
Christmas Day (December 25)
Employee's Birthday
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.
5.2 Holiday Compensation. Each regular employee shall
receive eight (8) hours compensation for each of the Holidays
listed above on which he performs no work. This compensation
shall be paid on the first payday of December of each year.
5.3 Holiday Work. If any regular employee is required to
work on any of the Holidays listed above, he shall be compensated
at his regular straight time rate for all hours worked in addition
to eight (8) hours compensation at his regular straight time rate
of pay for the Holiday, which shall be paid on the first payday of
December of each year.
5.4 Holiday Compensation Time. On January 1 each year, an
employee may elect to take up to five (5) days in lieu of Holiday
pay as compensatory time off, provided that not more than a total
of 5 such days may be elected during the twelve month period from
December 1 to December 1 of each year. Said compensatory days
shall be scheduled mutually by the employee and the Chief of Police.
ARTICLE VI - VACATIONS
6.1 Eligibility. An employee shall be eligible for annual
vacation time with pay on January 1st of each year in accordance
with the following sections:
(a) Employees with less than four (4) full years of
continuous service shall accrue six and two-thirds (6.67) hours of
vacation credit for each calendar month of service (10 working
days maximum).
(b) 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).
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(c) 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).
(d) Employees with more than fourteen (14), 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)°
(e) Employees with more than nineteen (19) full years of
continuous service, shall accrue fourteen (14) hours of vacation
credit for each calendar month of service (21 working days
maximum).
6.2 Continuous Service. Continuous service, for the
purpose of accumulating vacation leave credit, shall be based on
the regular paid hours worked by the employee, except that paid
time spent by an employee on military leave, sick leave resulting
from an injury incurred in the course of employment and authorized
educational 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.
6.3 Accrual Limitations. Vacation time must be taken by
the employee within twelve (12) months following the date of
eligibility. 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. 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 except for attendance at the Board of Police
Standards and Training School for basic training, and any other
school or training provided and/or required by the City. Payment
shall be made for vacation time not taken by an employee.
6.4 Scheduling. Employees shall be permitted to request
vacation on either a split or an entire basis. Vacation times
shall be scheduled by the City based on the head of the
department's judgment as to the needs of efficient operations and
the availability of vacation relief. Subject to the foregoing,
employees shall have the right to determine vacation times.
Vacation times shall be selected on the basis of seniority;
provided, however, each employee will be permitted to exercise his
right to seniority only once annually. The vacation schedule
shall be posted annually as of December 1st and be closed as of
January 1st and subsequent changes shall be made only by mutual
consent of the parties. Scheduling of vacation periods, to the
extent consistent with operating requirements of the City and
vacation credits of the employee, shall not be less than one day.
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Employees not wishing to sign up for vacation between December 1
and January 1 shall waive their seniority for vacation selection,'
If an employee has not chosen vacation days by January 1st, the
employee must give 30 days notice before using any vacation days
chosen thereafter. If an employee has not taken or chosen all his
vacation time by October 1st, the Police Chief shall assign the
remaining vacation time. Employees shall not be denied vacations
because of supervisory time off, nor shall employee's vacations be
unreasonably denied.
6.5 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 WORK
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.
7.1 Work Hours. The regular hours of a regular employee
shall be eight (8) consecutive hours. Patrol officers will also
be available for a daily briefing session fifteen (15) minutes
prior to going on shift, and will voluntarily attend one hour
department meetings monthly.
7.2 Work Day. The workday shall consist of an eight (8)
hour day within a twenty-four (24) hour period including rest
periods (i.e., the 24 hour period will begin at the start of the
employee's work day and end 24 hours later). This section shall
not apply to scheduled training days so long as the employee has 8
hours between their normally scheduled shift. If less than 8
hours is allowed, overtime shall apply for all hours less than 8.
7.3 Work Week. The work week shall consist of a seven (7)
day work schedule with five (5) consecutive eight (8) hour days,
with two (2) days off. (i.e., the seven (7) day work schedule
will begin at the start of the employees first day of work and end
168 hours later).
7.4 Work Schedule. Ail employees to the extent consistent
with operating requirements, shall be scheduled to work on a
regular shift and each shift shall have regular starting and
quitting times. Work schedules showing the employees shifts, work
days, and hours shall be posted on the department's bulletin board
for thirty (30) days prior to their effective date, except for
emergency situations and for the duration of the emergency, and
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except for scheduled training for which 10 days notice is
required. In the event of an emergency schedules may be changed
without prior notice and the City shall not be liable for overtime
under this section. An employee shall not suffer a reduction in
pay as the result of a schedule change, unless such schedule
change is at the employee's request° The City shall not be liable
for the payment of overtime when more than forty (40) hours are
worked in a seven (7) day period as the result of a scheduled
change for seniority shift rotations. To this end the City may
work an employee 80 hours in a 2-week period before incurring any
overtime liability. Failure to comply with the provisions of this
section shall result in the payment of one and one-half (1 1/2)
times the regular rate by the City for all hours worked outside
the timely scheduled work week. It is further understood and
agreed by both parties that this section was never intended to
govern shift trading or compensation days off.
7.5 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.
7.6 Meal Period. To the extent consistent with operating
requirements of the department, meal periods shall be scheduled in
the middle of the work shift, or as close to a normal meal time as
possible. The meal period shall be thirty (30) minutes and shall
be considered on-duty time.
7.7 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
one and one-half (1 1/2) 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.
Ail assigned work in excess of eight (8) hours on any
scheduled work day.
Ail assigned work in excess of forty (40) hours in
workweek.
Detectives shall be compensated for overtime as set
forth in "Appendix C".
7.8 Call-back Time. Employees called back to work shall
receive overtime pay with a guaranteed minimum of two (2) hours at
the overtime rate 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-back times annexed to the beginning of
the work shift, or hold-over times annexed to the end of the work
shift or work day.
ARTICLE VIII - SICK LEAVE
8.1 Accumulation. Sick leave shall be earned for the
purposes stated herein by each eligible employee at the rate of
eight (8) hours for each full calendar month of service. Sick
leave may be accumulated to a total of seven hundred twenty (720)
hours and must be taken for the purposes specified in Section 2
hereof as a condition precedent to any sick leave payment.
8.2 Utilization for Illness or Injury. Employees may
utilize their allowance for sick leave when unable to perform
their work duties by reason of illness or injury. In such event,
the employee shall notify the department head or other supervisor
of absence due to illness or injury, 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 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 employer has reason to believe that sick
leave is being abused. For the purpose of this section and the
following sections of this Article, pregnancy shall be treated as
any other illness or disability.
8.3 Integration with Worker's Compensation. When an injury
occurs in the course of employment, the City's obligation to pay
under this sick leave Article is limited to the difference between
any payment received under Worker's Compensation laws and the
employee's regular pay, minus state and federal deductions. In
such instances, no charges will be made against accrued sick leave
for the first three days and thereafter pro-rated charges will be
made against accrued sick leave.
8.4 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.
8.5 Termination. Sick leave is provided by the City in the
nature of insurance against loss of income due to the illness or
injury. No compensation for accrued sick leave shall be provided
for any employee upon his death or termination of employment,
except as provided for in Article XV, Section 2. Sick leave shall
not accrue during any period of leave of absence without pay.
8.6 Funeral Leave. In addition to regular sick leave, an
employee may be granted three (3) days funeral leave with regular
pay in the event of death in the immediate family of the employee.
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An employee's immediate family shall include spouse, parent,
children, brother, sister, grandparents, mother-in-law or father2
in-law. The employee will be paid his regular hourly rate for any
such days of excused absence which occur only during this assigned
workweek. No pay shall be granted if the employee does not attend
the funeral. An additional two (2) days with regular pay may be
granted and shall not be unreasonably denied°
ARTICLE IX - OTHER LEAVES OF ABSENCE
9.1 Criteria and Procedure. Leaves of absence without pay
not to exceed ninety (90) days may be granted upon establishment
of reasonable justification therefore in instances where the work
of the department will not be seriously handicapped by the
temporary absence of the employee. Requests for such leaves must
be in writing. Normally, such leave will not be approved for an
employee for the purpose of accepting employment outside the
service of the City.
9.2 Jury Duty. Employees shall be granted leave with pay
for service upon a jury provided, however, that the regular pay of
such an employee for the period of absence shall be reduced by the
amount of money received by him for such jury service, and upon
being excused from jury service for any day an employee shall
immediately contact his supervisor for assignment for the
remainder of his or her regular workday.
9.3 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.
9.4 Required Court Appearances. Leave 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.
9.5 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.
9.6 Union Business. Employees elected to any union office
or selected by the Union to do work which takes them from their
employment with the City may, upon written request of the Union
and the employee, be recommended by the department head for a
leave of absence, of up to thirty (30) days without pay.
Employees selected by Union to attend collective bargaining
sessions between the Union and the City shall not suffer a loss of
pay or benefits as a result of attendance at such meetings.
However, all efforts shall be made to schedule such meetings so as
not to adversely affect the staffing or operation of the
department.
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9.7 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 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 shall 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 pro-
fessional ability, when ordered by the employee's department head.
9.8 Military and Peace Corps Leave. Military and Peace
Corps leave shall be granted in accordance with Oregon Revised
Statutes.
9.9 Maternity Leave. Maternity leave of absence without
pay may be granted upon the request of the employee. Such leave
would be in addition to sick leave without pay granted as a part
of the disability period. Such maternity leave shall not exceed
one-hundred and eighty days.
9.10 Failure to Return from Leave. Any employee who is
granted a leave of absence and who, for any reason, fails to
return to work at the expiration of said leave of absence, shall be
considered as having resigned his position with the City, and his
position shall be declared vacated; except and unless the
employee, prior to the expiration of his leave of absence, has
furnished evidence that he is unable to work by reason of
sickness, physical disability or other legitimate reason beyond
his control.
ARTICLE X - COMPENSATION
10.1 Pay Schedule. Employees shall be compensated in
accordance with the pay schedule attached to this Agreement and
marked "Appendix B" which is hereby incorporated into and made a
part of this Agreement.
10.2 ~ay Periods. Employees shall be paid every other
Friday. Pay periods shall be for 14 days beginning at 12:01 A.M.
on Saturday, and ending on the 14th day (Friday) at 12:00 P.M.
Pay days shall be on the Friday following the close of each pay
period.
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10.3 Form of Compensation. Authorized overtime shall be
paid in the form of pay or in the form of compensatory time off at
the applicable rate, subject to approval of the Department Head.
All overtime shall be recorded by the employee and must be
approved by the Department Head or designated supervisor. The
employee must designate whether he/she desires pay or compensatory
time off. Compensatory time off shall be allowed to accrue up to
a maximum of forty (40) hours. If the accrual exceeds forth (40)
hours, everything over forty (40) hours will automatically be paid
in the form of pay. Accrued compensatory time off must be taken
by July first and by January first or it will automatically be
paid in the form of pay.
10.4 Standby Pay. An employee assigned to standby status
to handle emergencies during his off-duty hours and who is
required to remain at his home, shall be paid at twenty (20)
percent of his regular rate for all predetermined hours of such
period. In addition, he shall be compensated at overtime rates
for actual time worked to the nearest one-half hours and shall not
be eligible for call-back time as set forth in Article VII.7.9.
10.5 Educational Allowance. An employee classified as a
Police Officer shall, upon receiving an intermediate or advanced
certificate from the Board of Police Standards and Training, be
eligible for a monthly allowance of $50.00 or $100.00
respectively, for twelve months from the date of certification.
Said allowance shall be for the purpose of meeting required
expenses for tuition, books, travel, and incidental expenses for
the required 30 hours of annual outside training required by the
City to maintain certification status. In order to maintain such
eligibility, the employee must requalify by completing, on the
employee's own time, a minimum of thirty (30) hours of approved
training and education, or complete a project approved by the
Chief of Police.
Employees in classifications other than Police Officer shall
be granted payment for tuition, books, travel, and incidental
expenses incurred for education and training, which must be job
related and approved by Chief of Police in advance.
10.6 Detective Compensation. Any member of the bargaining
unit who is assigned to detective status shall be compensated as
set forth in "Appendix C" of this Agreement until relieved of such
assignment.
10.7 Acting Sergeant. Any employee on active duty
designated by the City as acting in capacity in a higher level
position other than his/her permanent job classification shall
receive sergeant's salary with a minimum of 5% additional pay
above his/her job classification salary for the length of the
assignment. This rate applies to hours worked only.
ARTICLE XI - DISCIPLINE
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i1.1 No regular employee as defined in Article XIII may be
disciplined except for just cause. Once an employee has received
a letter in writing for any disciplinary action, reasons (not
including new evidence) shall not be modified or changed at a
later date. Disciplinary action may be imposed upon any employee
for failing to fulfill his or her responsibilities as an employee.
Conduct reflecting discredit upon the City or Department¥ or which
is a direct hindrance to the effective performance of City
functions, shall be considered good cause for disciplinary action.
Such cause may also include misconduct, inefficiency,
incompetence, insubordination, misfeasance, malfeasance, the
willful violation of department rules or for political activities
forbidden by State law.
11.2 Discipline for just cause may include the following:
1. Oral reprimand
2. Written reprimand
3. Demotion
4. Suspension
5. Discharge or dismissal
11.3 An employee may be suspended from employment while
charges against the employee are investigated. Such a suspension
may be for no more than five (5) working days, unless mutually
agreed to by the parties. If charges are upheld the suspension
without pay or any part of it may.~be determine to be part of the
discipline, effective the date of the suspension.
11.4 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 to 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 charges are upheld, the termination
date will be the date of suspension.
11.5 Any disciplinary action imposed upon an employee, if
protested, shall be protested only as a grievance 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
the public. Oral reprimands shall not be protested through the
grievance procedure. Letters of reprimand, upon request of the
employee, shall be removed at the end of three years from the time
the reprimand was dated, provided there are no related subsequent
letter(s) of reprimand or disciplinary action taken during the
intervening period of time.
11.6 This article shall not apply to any employee on
probation as defined in Article XIII.
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ARTICLE XII - SETTLEMENT OF DISPUTES
12.1 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 as soon as possible but
not more than one hundred and sixty-eight (168) hours of its
discovery. The supervisor shall then attempt to adjust the matter
within ten (10) days.
Step II. If the grievance has not been settled between the
affected employee and the supervisor, it may be presented in
writing by the Union representative to the Chief of Police, or his
designee, within ten (10) days after the response specified in
Step I is due. The written notice 'shal! include details of the
grievance, the section of this Agreement allegedly violated and
the specific remedy requested. The Chief of Police, or his
designee, shall respond to the Union representative in writing
within ten (10) 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 ten (10) 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 ten (10) days.
Step IV. If the grievance is still unsettled, either party
may within ten (10) days of the decision of the City Administrator
or his designee(s) under Step III have the right to have the
matter arbitrated by a third party jointly agreed upon by the City
and the Union. If the parties are unable to agree upon an
arbitrator, the Employment Relations Board 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 pre-hearing conference and shall prepare
a submission agreement regarding the specific issues in dispute.
The designated arbitrator shall hear both parties within five (5)
days 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 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.
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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. All days and hours specified
shall be calendar. If the City fails to respond in a timely
fashion, the grievance may be appealed to the next step. A
grievance may not change once it has been filed in writing.
ARTICLE XIII - SENIORITY
13.1 Definition of Seniority. Only regular employees shall
have seniority. Seniority shall be an employee's length of
continuous with the bargaining unit, dating from his last date of
hire, and shall apply by job classification in the matter of
layoff, recall, vacation and shift* selection subject to approval
of the Chief of Police provided that any employee may not remain
on one shift for more than 9 months, without the approval of the
Chief of Police. Seniority shall continue to accrue during
(I) authorized sick leave or disability leave up to ninety (90)
calendar days; (2) vacation leave; (3) educational leave required
by the City; (4) military leave as specified in Article IX Section
8; (5) funeral leave; (6) jury duty; and (7) promotion to a super-
visory position outside the bargaining unit for six (6) months.
* Shifts include attached days off.
13.2 Layoff and Recall. In the event of layoff an employee
may exercise his or her seniority in a lower job classification
within the department provided he or she is qualified to perform
the work. Recall from layoff shall be in reverse order of
seniority provided the senior employee is capable of performing
the work.
13.3 Suspension of Seniority. Seniority shall be retained,
but shall not continue to accrue during (1) authorized sick leave
or disability leave in excess of ninety (90) calendar days; (2)
education leave requested by the employee; (3) military leave for
disciplinary reasons; (4) election to a full time paid Union office
up to one (1) year, renewable upon application, and (5) other
authorized leaves of absence of up to ninety (90) calendar days.
13.4 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 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
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leave of absence for personal health reasons accepts other
employment without permission; or (8) is retired.
13.5 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 classifi-
cations, the assignment of on-the-job training, cross-training in
other classifications, the assignment to educational courses and
training programs, and the requirement that such employees attend
programs on their off-duty time. Termination of a probationary
employee shall not be subject to the grievance procedure under
Article XII.
13.6 Notice of Recall from Lay-off Status. 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 also use any other means to
return an employee sooner.
ARTICLE XIV - PROMOTIONS
14.1 Testinq. No employee shall be promoted from one rank
to another without first having passed a promotion examination.
Promotional opportunities shall be posted for at least three (3)
weeks prior to the beginning of the testing procedure.
14.2 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 of an employee on promotional probationary status shall
not be subject to the grievance procedure under Article XII and
such demotion shall not be considered a disciplinary action.
ARTICLE XV - GENERAL PROVISIONS
15.1 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, age, sex or
national origin. The Union shall share equally with the City the
responsibility for applying the provisions of this Section. Ail
reference to employees in this Agreement designate both sexes, and
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whenever the male gender is used, it shall be construed to include
the male and female employees. Employees shall have the right to
form, join, and participate in the activities of the Union or any
other labor organization, or to refrain from any or all such
activities, and there shall be no discrimination by either the
City or the Union by reason of the exercise of such right except
as specifically provided herein. Nothing in this Agreement shall
be construed as precluding or limiting the right of an individual
employee to represent himself in individual personal matters.
15.2 Professional Standards and Safety Committee. In order
that the City may be informed and/or take appropriate action on
professional standards of safety and protective equipment, a
committee shall be formed composed of the Chief of Police and/or
his designated representatives not to exceed two, and repre-
sentatives of the Union not to exceed three. This committee shall
meet quarterly, consider surveys and factual studies, and make
recommendations for improvements to the City Administrator.
15.3 Rules. It is jointly recognized that the City must
retain broad authority to fulfill and implement its responsi-
bilities 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. All work rules which have been or
shall be reduced to writing will be furnished to the Union and to
affected employees upon request. The City shall consult with the
Union in the updating and maintenance of the departmental manual
of operating rules and procedures.
15.4 Other Employment. Prior to accepting outside
employment, an employee shall first discuss the matter with the
Police Chief. Acceptance or continuance of regular outside
employment by an employee shall be subject to the following
criteria:
(a)
The need for mentally alert and physically able
public safety employees.
(b)
Insulating employees from potential conflict of
interest situations.
(c)
Maintaining efficiency unimpaired by other
employment, recognizing the nature of the job
requiring police officers to be available for
emergency duty twenty-four (24) hours a day.
15.5 Supervisory Employees. It is understood that
supervisory employees not covered under this Agreement shall not
perform work within the jurisdiction of the Union except in the
case of an emergency, or 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.
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15.6 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 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.
Failure of any employee to wear such required uniform, protective
clothing, or use such protective device as prescribed by the City
shall be cause for disciplinary action as set forth in Article XI
hereof.
15.7 Response-Time Requirement. Ail new regular sworn
employees shall establish their residence to enable them to report
for emergency duty within twenty (20) minutes of notification,
including get-ready time and travel time. All present sworn
employees who presently reside outside of this area shall become
residents of the area in the event they relocate their place of
residence following the effective date of this Agreement.
Exceptions must be approved by Chief of Police.
15.8 Utility Discount. Ail regular employees shall receive
a twenty-five (25) percent discount on City domestic water, sewer
and electric utilities.
15.9 Position Descriptions. The position classifications
and job descriptions for positions listed on "Appendix A" shall be
those set forth in Ordinance No. 1415, as amended and attached
hereto as "Appendix D". Each employee shall be furnished with a
copy of his/her job description.
15.10 Personnel File.
(a) Inspection. Each beginning unit member shall have the
right to review, 4 times a calendar year, and obtain, at their
expense, copies of the contents of his/her personnel file,
exclusive of materials received prior to the date of their
employment with the City. The official personnel files shall be
maintained in the City Administrator's office.
(b) Employee Signature. Each employee shall be offered the
opportunity to read and sign any written material that is placed
in their official personnel file. The employee may:
1. Sign such material indicating agreement.
2. Sign such material, indicating disagreement, in
which case the employee may place in his file a
signed response to such material.
3. Refuse to sign such material in which case a
member of management shall place in that person's
file a signed statement indicating that the
material was offered to the employee for reading
and signing and the employee refused.
ARTICLE XVI - HEALTH, WELFARE & RETIREMENT
16.1 Health and 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.
(b) Standard Life Insurance Company life insurance -
family coverage.
(c) Standard Life Insurance salary continuation
plan - employee only.
(d) Blue Cross Dental Insurance - family coverage.
(e) Blue Cross - Basic Vision plan - employee only.
(f) Blue Cross Prescription Drug option -
family coverage.
16.2 Retirement. The City agrees to maintain its existing
Retirement Plan, subject to the terms and provisions thereof, as
it applies to regular employees in the bargaining unit. Upon
retirement, one-half of accumulated sick leave will be applied to
retirement as set forth in O.R.S. 237.153. The City will also
assume or pay the employee contributions required by ORS for all
employees included under this agreement at a uniform rate of six
(6) percent.
ARTICLE XVII - WORKER'S COMPENSATION
Ail employees will be insured under the provisions of the
Oregon State Worker's Compensation Act for injuries received while
at work for the City.
ARTICLE XVIII - LIABILITY INSURANCE
The City shall purchase liability insurance in the maximum
amounts 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 premi~s for such insurance shall be paid by the
City.
ARTICLE XIX - SAVINGS CLAUSE AND FUND
19.1 Savings Clause. Should any provision of this
Agreement be subsequently declared by the proper legislative or
judicial authority to be unlawful, unenforceable, or not in
accordance with applicable statutes or ordinances, all other
provisions of this Agreement shall remain in full force and effect
for the duration of the Agreement. Upon such declaration, the
parties agree to immediately meet and confer on a substitute, if
possible, for the invalidated portion thereof.
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19.2 Funding. The parties recognize that revenue needed to
fund the wages and benefits provided by the Agreement must be
approved annually by established budgetary procedures and in
certain circumstances by vote of the citizens of the City. The
City shall not reduce the wages and benefits specified in the
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 XX - TERMINATION AND REOPENING
This agreement concludes all collective bargaining between the
parties during the term of this Agreement, and shall be effective
July 1, 1987 and shall remain in full force and effect until June
30, 1990.
This Agreement shall automatically be renewed from year to year
thereafter unless either party notifies the other in writing not
later than 210 days prior to the expiration date of this Agreement
of their intent to modify or terminate the Agreement.
Negotiations shall begin no later than 30 days after notice is
given unless otherwise mutually agreed. If such notice is not
given, this Agreement may be subsequently reopened for
modification upon 60 days written notice; however, the Agreement
shall remain in full force and effect during the period of
negotiations.
TEAMSTERS LOCAL UNION NO. 223
INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, CHAUFFEURS, WARE-
HOUSEMEN AND HELPERS OF AMERICA
by:
Date:
CITY OF ASHLAND, OREGON
Date: /O ~- 7~ 2~ ~ .
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"APPENDIX A"
CLASSIFICATIONS WITHIN BARGAINING UNIT
Police Officer
Clerk-Dispatcher
Parking Control Officer
CLASSIFICATIONS EXCLUDED FROM BARGAINING UNIT
Sergeant and above in rank
Confidential Employees
Police Reserves, as set forth
in General Order 982-001
republished as of 5-27-82
Irregular part-time employees who
do not work a set schedule or who
work less thsen' an average of 20
hours per week
Seasonal and temporary employees
who are hired to work on a temporary
basis for an undefined period of time
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APPENDIX "B"
WAGE SCHEDULE
Effective July 1, 1987 and January 1, 1988 the following wage
rates shall apply.
CLASSIFICATION
Eff. 7-1-87
Hour/Month
Eff. 1-1-88
Hour/Month
Clerk/Dispatcher
First six months
Next 12 months
Next 12 months
Next 12 months
Thereafter
$6.77 (1173)
7.21 (1250)
7.61 (1319)
8.02 (1390)
8.57 (1485)
6.97 (1208)
7.43 (1288)
7.84 (1359)
8.26 (1432)
8.83 (1531)
Police Officer
First six months
Next 12 months
Next 12 months
Next 12 months
Next 12 months
Thereafter
$8.83 (1531)
9.29 (1610)
9.68 (1678)
10.08 (1747)
10.64 (1844)
1i'.19 (1940)
9.09 (1576)
9.57 (1659)
9.97 (1728)
10.38 (1799)
10.96 (1900)
11.53 (1999)
Parking Control Officer
First six months
Next 12 months
Next 12 months
Next 12 months
Thereafter
$5.70 (988)
6.06 (1050)
6.41 (1111)
6.80 (1179)
7.22 (1251)
5.87 (1018)
6.24 (1082)
6.60 (1144)
7.00 (1213)
7.44 (1289)
B. Effective July 1, 1988, the July 1, 1987 wage rates shall be
increased a percentage amount based on the Portland CPI-W, July
1987 to July 1988 period, minus the cost of increased insurance
premiums. There shall be a minimum wage rate increase of 3% and a
maximum package (wages and insurance premiums) cost of 6%.
C. Effective January 1, 1989, the July 1, 1988 wage rates shall
be increased by 3%.
D. Effective July 1, 1989, the July 1, 1988 wage rates shall be
increased a percentage amount based on the Portland CPI-W, July
1988 to July 1989 period, minus the cost of increased insurance
premiums. There shall be a minimum wage increase of 3% and a
maximum package (wages and insurance premiums) cost of 6%.
E. Effective January 1, 1990, the July 1, 1989 wage rates shall
be increased by 3%.
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APPENDIX "C"
DETECTIVE ASSIGNMENT AND COMPENSATION
Except as otherwise provided for in this Agreement, employees may
be assigned to work as Detectives and shall be compensated as
follows:
Section 1. Compensation. Any member of the bargaining unit who
is assigned to detective status shall be compensated an additional
five percent (5%) over the monthly rate set forth in "Appendix B"
of this Agreement until relieved of such assignment.
Section 2. Overtime. The Chief of Police may require any
detective to work overtime in excess of the detective's normal
eight (8) hour work day. The amount of overtime that may be
required by the Chief of Police of the detective shall not exceed
eight (8) hours in addition to the normal eight (8) hour work day.
(i.e., maximum hours to be worked in one day is not greater than 16)
In the event the Chief of Police requires a detective to work
overtime the detective must then be scheduled for a like number of
hours off within the same work week if, in the judgment of the
Chief of Police it is at all possible to do so. (i.e., assume for
purposes of illustration a work week of 8 AM to 4 PM, Monday
through Friday -- if a detective were required to work ten (10)
hours on Thursday, then he would normally expect to be scheduled
for two (2) hours off on Friday. This would result in sequential
work days consisting of 8 hours, 8 hours, 8 hours, 10 hours and 6
hours for a total work week of 40 hours).
No detective shall be eligible for overtime compensation (at the 1
1/2 straight time rate) during his work week unless he is required
by the Chief of Police to actually work more than 10 consecutive
hours in a work day, or more than forty (40) hours within that
particular work week. Each detective's work week shall consist of
some five consecutive individual detective's work days.
Each of the five (5) work days scheduled for any individual
detective shall have the same tentatively designated starting time
and the same tentatively designated quitting time allowing for
eight (8) hours work to be accomplished, including one-half (1/2)
hour for a meal period.
Except for purposes of scheduling actual work in excess of eight
(8) hours on a given day and/or scheduling like time off subject
to the provisions contained herein, and except where an emergency
requires immediate rescheduling of the work day, no detective's
tentative scheduling of starting and/or quitting time may be
changed unless notice of such contemplated change is posted on a
department bulletin board at least seven (7) days in advance of
the change.
Section 3. Uniform Allowance. Any member of the bargaining unit
who is assigned to detective status shall receive an in-lieu
uniform allowance in cash of $20.00 per month for the period of
time that such employee is assigned such status.
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APPENDIX "D"
JOB DESCRIPTIONS
POLICE OFFICER: At the entry level, the Police Officer performs
patrol and/or investigation work in the protection of life and
property and enforcing laws and ordinances; assists in maintaining
security in the City holding cell. Work is reviewed by a superior
officer for conformance with orders and regulations. Does related
work as required.
CLERK DISPATCHER: Employee performs clerical, prisoner custody
and some general police work. Employee is primarily concerned
with the performance of stenographic and related clerical tasks;
however, the work is distinguished from that of the general
clerical series by the necessity for handling women detained by
the Police and for assistance in some investigations involving
women. Clerical duties are normally performed with considerable
independence after initial instructions, but the other assignments
which require peace officer powers are usually performed under
close supervision° Does related work as required.
PARKING CONTROL OFFICER: Under the direct supervision of a Police
Sergeant, patrols on foot or motorbike, enforces parking zones,
issues citations for non-moving violations and gives assistance to
the Public. Does related work as required.
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