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HomeMy WebLinkAbout1985-019 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 empioyment for all employees within the bargaining unit described immediately above. ARTICLE II - UNION SECURITY AND CHECK-OFF: Section 1. Union Security. 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 3oined 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. -1- Any individual employee objection based on Dona 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. Uoon 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 (I0) 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 - MANAGEMENT RIGHTS: Union recognizes the prerogative of City to operate and manage its affairs in ail 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. -2- 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. 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 iO. 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 d~scharge may be taken by the C~t¥ 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 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. 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 per~od of this Agreement. ARTICLE V - HOLIDAYS: Section i. Recoqnized Holidays. Holidays: The following shall be recognized as ~asnlngton's Birthday (~d Mon. in Feb.) Memorial Day (last Mon. in May) independence Day (July 4) Labor Day (lst Mon. in Sept.) Veterans Day (November 2i) 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 empioyegs 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 tame sate of pay. Compensation accrued by reason of authorized work on a Holiday as provided herein shall be paid for at the straight time ~ate 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 ali hours worked in accordance with call-back pay provisions set forth in Article X, Section 3. ARTICLE VI - VACATIONS: Section i. Eliqjbility._ 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 i.l 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. (iO working days maximum) 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 i.3 Employees with more than nine (9) but less than fourteen (14) full years of continuous se~vJce, shall accrue 'ten (!0) hours of vacation credit ~.-~ ~o. each calendar month off service (!5 working days maximum) Section 1.4 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). Section 1.5 Employees with more than nineteen (i9) full years of continuous service, shall accrue i$.S3 hours of vacation credit for each calendar month of service. (20 working days maximum) -4- Section 2. Continuous Service. Continuous service, for the purpose of accumulating vacation leave credit, shall be based on the regular paid hours worked by the employee, except that paid time spent by an employee on military leave, the first 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. Section 4. Schedulinq. 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 or 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 SO, shall be posted annually as of April ~ 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 with 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. Pavment 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 -5- unused vacation leave shall be paid in the same manner as salary due the deceased employee is paid. ARTICLE VII - HOURS OF WORK: Section l. 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 meal 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 sh~ll 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 at! 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 I. 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. -6- Section 2. Utilization for Illness or Iniurv. 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 pr/or 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 dally 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 lnsurance against loss of income due to illness or injury. No compensation for accrued sick leave shall be provided ~or 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 ~UN~RA~ LEAVE Section i. 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-taw. 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 i. Criteria and Procedure. Leaves of absence without pay not to exceed one (!) year may be granted upon establishment of reasonable justification therefore in lnstances where the work of the department will not be seriously handicapped by the temporary absence of the employee. -7- Requests for such leaves must be in writing. Normally, such leave will not be approved for an employee for the purpose of accepting employment outside the service of the City. Section 2. Jury Duty. Employees shall be granted leave with pay for service upon a jury; provided, however, that the regular pay of such an employee for the period of absence shall be reduced by the amount of money received by him for such jury service, and upon being excused from jury service for any day an employee shall immediately 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 ]nay 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 employe~, be granted a leave of absence of up to one (i) year without pay, renewable upon application. Employees selected by the Union to attend conventions and related Union activities, shall upon written request of the Un~on and the employee, be granted a leave of absence of up to thirty (30) days with ~t pay. Section 7. Educational Leave. After completing one (I) 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 educatlonai 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 lntended to improve or upgrade the employee's skill and professional ability, when ordered by the empioyee~s department head. Section 8. Mil.itary and Peace CorDs Leave. Military and Peace Corps leave shall be granted in accordance with Oregon Revlsed 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 8 expiration of said leave of absence, shall be considered as having resigned his position with the City, and h~s 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 i. Pay Schedule. Employees shall be compensated in accordance with the pay schedule attached to this Agreement and marked Appendix "B" which is hereby incorporated into and made a part of this Agreement. When any position not listed on the pay schedule is established, the City shall designate a 3ob 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. ~ec~ipn. 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 minimum of one (1) hour at double time for the work ~or which they are called back. This section applies only when ca/l-back results in hours worked which are not annexed consecutively ~o one end or the other of the working day or working shift. This section does not apply to scheduled overtime, ca/l-in times annexed to the beginning 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. Effective 3-i-85 standby pay shall change to 5~ of an employee's regular monthly rate for the assigned standby pay. Effective i-1-85 if a holiday occurs during such period an additional 2 !/2~ of the employee's reguia~~ monthly rate (instead of $30.00) 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 -9- in addition to their regular rate of pay as shown in Appendix "B" Treatment Plant Operators certified at level III will receive thirty (SO) 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 c!assificat.~on who is not certified as of the effective date of this Agreement will not be required to become certified. Operator's will have two years from the date of employment to obtain such certification. Ail 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. Section 8. Mi/eaqe. An employee required to report for special duty or assignment at any location other than his permanent report/ng location arid 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 ~nclude the foliowJng: (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 sha.li 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 d~scJp!Jnary prob].em during this time. If the Department Head or other supervisor has ?eason 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 i. Grievance and Arbitration Procedure. Any grievance or dispute which may arise between the parties concerning the application, meanin~ or interpretation of this Agreement shall be settled in the following man~er: 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 ]nay 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 tile 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 (?) 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 (!0) 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 employee. The arbitrator shall have no right to amend, modify, nullify, ignore or add provisions to the agreement, but shall be iimited 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 arbltrator shall be borne equally by the City and the Union; however, each party shall be responsib]~e for compensating his own representatives am~ 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 copieso 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 iimits specified above, such grievance and the remedy requested shall be deemed granted. Section 2. 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 internationai representatives who may represent employees, shall be certified in writing to the City by the Un~on. 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 I hereof, 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 working hours so as not to dlsrupt regular city operations. ARTICLE XiV - SENIORITY: Section 1. 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. Reca].l 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 employment reiationship 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 falls 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) falls 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 w~thout permission; or (8) if he is retired. Section i.~ Suspension of Seniorit.Y, Seniority shall be retained but shall not continue to accrue during (I) 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 (I) year, renewable upon application; (5) other authorized leaves of absence up to thirty (30) calendar days; and (6) promotion to a supervisory position outside of 'i. he bargaining unit for six (6) months. Section 1.2 Accrual of Seniority. Seniority shall continue to accrue during (i) authorized sick leave or disability leave up to thirty (30) calendar days; (2) vacation leave; (S) 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, a/ding 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 al/ 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 e~pioyees 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 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 ail 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 (10) 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 ]nay use any other means to return an employee sooner. -13- ARTICLE XV - GENERAL PROVISIONS: Section I. 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 activitles during working hours, except as specifically provided ill this Agreement. Section 5. Existinq 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 Js jointly recognized that the City must retain broad authority to fulfil/ and implement their responsibilities and may do so by work rule, oral or written~ existing or future. It is agreed, however, that no ~ork 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. -14- Section 7. Other Employment. 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 ~urisdiction 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 clothings 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 I0. Response Time Requirement. 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 ii. Utility Discount. Ail regular employees shall receive a twenty-five (25) percent discount on City domestic water, sewer and electric utilities. Section 12. Safety Standards Committee. In order that the City may be ~nformed 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. TrainJnq Opportunities. On-the-job training will be provided by the City so that all equipment included Jn 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 trair]ing 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. 7:he Department I{ead 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. -!5- 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 du~ing the last two weeks of 3une or the last two weeks of August, or September. 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 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 and family. Effective 7-I-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 taken into consideration as indicated in the formula agreed to in ~he wage settlement. 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 1. Worker's Compensation. Ail employees will be insured under the provisions of the Oregon State Worker's Compensation Act for injuries received while at work for the City. Section 2. SuPPlementary p. aym. ent..~ Oompensation paid by the City for a period of sick leave aisc 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. -i6- ARTICLE XX - SAVINGS CLAUSE AND FUNDING: Section !. 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, al/ other provisions of th~s Agreement shall remain in full force and effect for the duration of this Agreement. Section 2. Fundinq. The parties recognize that revenue needed to f~nd 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 sufficlent 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, 1984, and shall remain in full force and effect until the 30th day of June, 1987, and shall terminate all prior agreements and practices, and concludes all collective bargaining during the term of this Agreement. It 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 wishe~ 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 -i7- shall begin not later than 30 days after said notice. This Agreement shall remain in full force and effect during the period of negotiations. v ADORERS INTERNATIONAL UNION ~ NORTH AMERICA - OREGON, l~O. IDAHO & WYOMING DISTRICT BY Date , LABORERS INTERNATIONAL UNION CITY OF ASHLAND, OREGON BY ~~ Date ; APPROVED: ASHLAND CITY COUNCIL L. Gordon Medaris, Mayor /v?r Nan Franklin, City Recorder Date /- ~/-~%- -18- APPENDIX 'A' CLASSIFICATIONS WITHIN THE BARGAINING UNIT Utility Worker I Utility Worker II Utility Worker III Utility Worker IV Treatment Plant Operator Meter Reader/Repair Cemetery Maintenance Worker Mechanic -19- APPENDIX "B" WAGE SCHEDULE CLASSIFICATION Bffec~ive ?-1-8~ Hourly/Monthly Employees Hired After 12-1-84 Utility Worker I First six months Next 12 months Next 12 months Rate ~.~(ll~P) $6.12(1061) 6.60(1144) 7.13(1236) Utility Worker II First six months Next 12 months Next 12 months Rate 6.59(1142) 7.11(1232) 8.29(1437) 6.59(}142) 7.12(1254) 8.29(1437) Utility Worker III First six months Next' 12 months Next 12 months Rate 7.76(1545) S.26(14~2) 9.26(1605) 7.76(1545) Utility Worker IV/Water Qual. First six months Next 12 months Next 12 months Rate Tech. 8.52(1442) 8.8S(lS~l) 9. 79 (1697). 8.52(1442) 8.81(1~7) 9..34(1619) 9.79(1697) Senior Treatment Plant Operator First six months Next 12 months Next 12 months Rate 7.88(1566) 8. ~8 (14s.~) 9.37(1624) 7.s8(1366} 8.36(1449) 8.86(15~6) 9.57(1624) Treatment Plant Operator First six months Next 12 months Next 12 months Rate 7.26(12s8) 7.80(1552) 8.94(1550) 7.26(1258) 7.84(1.339) 8.47(1468) S.94(ZSSO) Meter Reader/Repair First six months Next 12 months Next 12 months Rate 6.67(1150) 7.22(1251) 8.36(1449) 0.07(11s6) 7.21(12so) 7.79(15.30) 8.36(1449) Cemetery Maintenance Worker* First six months Next 12 months Next 12 months Rate 6.22(1078) 6.84(1186) 7.56(1510) 8.28(14~5) 6.22(1078) 6.84(1186) 7.56(1510) g.2g(143s) Mechanic First six months Next 12 months Next 12 months Rate *Plus $0.57 per hour when assigned 7.42(1286) 8.18(1418) ~-~(1621) 7.42(1286) 8.o9{14o~) 8.s1(182[¢ 9 55 (162 Lead Worker responsibility. 2. Effective 7-1-85, Average of Portland and National CPI-W increase March 1984 to March 1985 less the Health and Welfare premium increase (as a percent of salary and health insurance costs) with a guaranteed minimum salary increase of 2% and a maximum package cost of 6%. 3. a) This agreement may be opened, by either party, for wages only (less the health and Welfare premium increase as a percent of salary and health insurance costs). This is for wages effective 7-1-86. A request to reopen must be given 90 days prior to 7-1-86. b) If neither party gives timely request to reopen as provided above, the formula in #2 above will be used effective 7-1-86. The dates in the formula shall be changed to March 1985 and March 1986. -21- September 26, 1984 LETTER OF UNDERSTANDING The parties have reached an agreement concerning a new contract to be effective on July 1, 1984, and it is understood by both parties that the Scope of Agreement as it applies to.temporar~ employees shall be interpreted as follows: (1) 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; and (2) Temporary employees shall not be used in such a way as to negate the purpose and intent of ARTICLE XV - GENERAL PROVISIONS, Section 13 Training Opportunities relating t° the operation of heavy equipment. In addition, 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 hires. Laborer's Union, Local 1400 ,.C/ ~ c ~ ~ ' ~- ~ ~ ' ~ ~ / B~ian L. Almquist / City Administrator City of Ashland -23-