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HomeMy WebLinkAbout1982-034 Agrmt - Laborers #1400AGREEMENT BETWEEN THE CITY OF ASHLAND, OREGON AND LABORERS UNION-LOCAL 1400 AND DISTRICT COUNCIL OF LABORERS TABLE OF CONTENTS LABORERS CONTRACT ARTI£LE/SUB.JECT PP~GE Check Off ........................................ 1 Compe;~sation ......... , ............................ 9 Discipl. ine and Discharge ......................... 10 Funeral Leave ...... , .............................. 8 General Provisions ............................... 14 G~ievance Procedures .......... ................... Health and Welfare ..................... ' .......... 17 Holidays ......................................... 4 Hours of ~ork .................................... 6 Leaves of Absence ................................ 8 Liabil. ity Insurance .............................. i7 Management Rights ................................ 2 Outside Employment ............................... 15 Overtime ......................................... 10 Pay .............................................. 9 Preamble ......................................... 1 Probation ........................................ 1~, Promotion:; ........................................ 14 Recognition ...................................... 14 Respop, se Time/Residence .......................... 16 Safety Con~mittee ................................. 16 Savings and Funding .............................. 17 Scope of Agreement ............................... 1 Seniority. ....................................... 15 Sick Leave ....................................... 7 Strikes a~d Lockouts ............................. 5 Termination and Reopening ........................ 18 Training ................ ' ......................... 16 Unkforms ..................................... .. ,, 15 Un:ton Security · . ...................... 1 Vacatior;s ........................................ 4 lqork Rules ....................................... 15 Workers Compensation ............................. 17 AGREEMENT between THE CITY OF ASHLAND, OREGON and DISTRICT COUNCIL OF LABORERS and LABORERS UNION - LOCAL 1400 P REAMB L E This Agreement is entered into by the City of Ashland, Oregon, here- inafter referred to as the "City", and Oregon~ Southern Idaho and Wyoming District Council of Laborers, Laborers International Union ~o,.~I #i the Laborers Int~,,a~ of North Ame~ica,~ and ' ~" ~uo~n~ of ' c.~-~ +ional 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 desigmee(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 matters pertaining to rates of pay, hours of work and other conditions of employment. SCOPE'OF AGREEMENT This Agreement snail apply to all nonsupervisory employees of the PubI~c Works and Cemetery Departments, Ashland, Oregon as set forth in "Appendix A" but excluding supervisory employees, aenfidentSal em- ployees, clerical employees, guards, irregular part-time employees, or seasonal employees hired for summer employment. 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 ~he purposes of establishing rates of pay, hours of work and other conditions of employment for all employees within the hat- gaining unit described immediately above. AR'rlCLE II - UNION SECURITY AND CIiECK-OFF: Section i. Union Security. The terms of this agreement have been made for all employees zn the bargain, in$ unit and. not only for ti~e members of the Union. Accordingly, mt ~s fTir that each in the bargaining up. it pay his/her own way and assm,,~e his/her ob- ligation along with the grant of equal be,~efi~s. Any cmp!o>-ec the bargaining unit who has not joined the Union within thirr, v 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. Any individual employee objection based on bona fide religious tenets or teachings of a church or religious body of which such employee is a member, will require such an employee to inform the City and the Union of his/her objection. The employee will meet with representatives of the Union and establish a satisfactory arrangement for distribution of a contribution of an amount of money equivalent to regular Union membership dues to a non-religious charity-. - Section 2. Check-off for Union members. Upon receipt of a lawfully executed authorization from an employee, the City agrees to deduct the regular initiation fee and regular monthly dues uniformly re- quired ef 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 1.ess than ten (10) working days in any calendar month, will not be subject to a dues deduction. Section 3. Check-off for non-m'embers. A l'ike amount in lieu of ~ion 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 termJ.nating with less than ten (10) working days in any calendar month will not be subject to an in lieu dues deduction. Section 4. Indemnification. The Union agrees to indemnify and hold the C~tY ~ ~ . harmless against any and a~i claims, orders or judgments brougKt or issued a~ainst the City as a result of any action taken Or not ~aken 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 notifica~ tion. ARTICLE IIi blANAGEb~ENT RIGHTS: Union recognizes the prerogative of City to operate and manage its affairs in all respects .in accordance with its responsibilities, and the powers or auti~ority wi~ich City i~as not expressl7 abridged, deleg'a~e,.'~ or ::~odi. fi.~,~ by tki~ agree~.:en~ are ~*eta~ned by City. is ~li~d~.?~'~.o~3~ ~:~d af~'e~:d 11~:~t Gi~v pD55(25505~ the sole anti exclusive ment heads and that all management rights repose in it, but suc!~ rights must be exercised consistont with the other provisions ':his 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. 4. To discipline or disc'harge for just cause. To relieve its employees from duty because of lack of work, finances, or other legiti~nate 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 dentoting such employees, and will furnish the Union with a copy of any contra~entered into involv- ing work covered by this contract. 8. To determine the content of job classifications· To take all necessary action to carry out its mission in emergencies; and 10. To exercise complete control and discretion over its or- ganization and the techno±oo~ of performing its work. ARTICLE IV ~ SIRIKE AND LOCKOUT PROHIBITION' Section 1. The Union and its members, as individuals or as a group, will not initiate, cause, permit er participate or join in any strike, work stoppage, er slowdown, picketing, or any other restriction of work at any location in the City. Employees in the bargaining unit, while acting in the course of their employment, shall not honor any picket line established in the City by the Union or 'by any other labor organization when called upon to cross the picket line in the line of duty. Disciplinary action, including discharge may be taken by the City against any employee er employees engaged in a violation of this Article. Such disciplinary action may be undertaken selectively at the option of ~he City and shall no'[: preclude or restrict recourse to any other remedies, including an action for damages, which :nay be available to the City. Section 2. In the event of a strike, work stoppage, slowdown, picket- ing, o~servance of a ~.,5. cket ].~ne., or other restriction of work In any form, e~t!~er ,un the basis ....... ~:al cho';,'~ or collective employee the obligations set forth in Section 1 above shall not be affected or limited by the 3ubjec% matter' i~:¢ol,~e,i in the dispute gi. ving rise to the stoppage or by whethe: suclx subject :na,.,.~ is or is not sub- ject to the grievance and arbitration provision of this Agreement. Section 3. There will be no lockout of employees in the unit by ihe C~ty as a consequence of any dispute with the Union arising during the period of this Agreement. ARTICLE V HOLIDAYS: Section 1. Recognized Holidays. RS-Hell'day's: The following shall be recognized New Years Day (January 1) Washington's Birthday (3rd Men. in Feb.) Memorial Day (last Men. in May) Independence Day (July 4) Labor Day (lst Men. in Sept.) Veterans Day (November 11) Thanksgiving Day' (4th Thurs. in Nov.) Day after Thanksgiving (in lieu of Lincoln's birthday) Christmas Day (December 25) · ~1~ en Sunday, the succe=~ns Monday shall Whenever a Holiday shall ~ ~ ~: .'~ be observed as the Holiday. Whenever a Holiday shall fall on'Satur- day, the preceding Friday shall be observed as the Holiday. If an employee ~s on authorized vacation, sick leave, or other leave with pay when a Holiday occurs, such Holiday shall not be charged against such leave. Section 2. Holiday Pay. Regular employees shall receive eight (8) ~ours pay for each of the Holidays listed above on whici~ 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 follow- ing 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 llo!'i~afs listed above as. part of his regularly scheduled work week, he shall receive, in addition to his regular pay, compensation for all hours worked at his regular straight time rate of pay. Compensatien accrued by reason of authorized work on a Holiday as provided herein shall be paid for at the straight time rate being received at the ti~ne +~ was performed or given another compensatory day off at the option of Department Head. If any other regular employee is required to work on a Holiday, he shall receive, in addition to his reguiav pay, ccm~en~ation for all hours worked in accordance with call-back pay provisions set in Article X, Section 5 ARTICLE VI ~ ACATIONS Section ~ El~oibi]itv An employee shall be eligible for an annual vacation t''~ ~ ~,~ wi~n pay on May 1st o~ each year in accordance w~,.h th~ following sections: Section 1.1. Employees with less than four (4) full years of contin- -- ~ , ~om,s o~ vacation credit for each uous service ~ha~l accrue 6.6~ ~ " '~'~'~ '- "l f) v;O~'i~~: ,~2~x'S endar month o~: service. ~ ...... :~ , - ..... . Section 1.2. t:.mployecs with r..~ore [kan four (4), [;ut less tka~ nine (~) full' years of continuous service, shall accrue eight (5] hours of .... ' ~]1 -- vacation credit for each c, ~.endar month of servict~. (1~ :,~orki:t.g days maximum) Section 1.3. Employees with more than nine (9), but less than four~ tee~i (14j full years of continuous service, shall accrue ten (i0) hours of vacation credit for each calendar month of service. (15 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 (].9) full years of continuous service, shall accrue 13.33 hours of vacation credit for each calendar month of service. (20 working days maximum) ~Section 2. Continuous Service. Continuous service, for the purpose of accumulatzng 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 employ- ment, 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 re- turning from such leave and employees on layoff status shall be en- titled to credit for service prior to the leave or layoff. Section 3. Accrual Limitations. Vacation time must be taken by the employee within twelFe (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 noti- fying his supervisor fifteen (15) days in advance, absent himself to prevent loss of this vacation time. The City shall establish a pro- cedure to notify an employee thirty (30) days in advance of impend- ing 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 mn excess of fifteen (15) cal- endar days. No payment shall be made for vacation time lost by an employee because of accrual limitations, unless the'failure to ~ake vacation is caused by the City's insistence ~hat the employee be at work during a scheduled vacation period. - Section 4. .Sched_ulinc. 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 schedule~ 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 th~ Street Division crew during the last t~o weeks of June, last two weeks August, or the first two weeks of September will be grant, ed. Subject to the foregoing, employees shall have the right to determine vac~tieu times. Vacati'on times shal] be selected on the basis of seniority; provided, howe,/er, ti-mt ezch e~?loyee v:i].l be ~ermitted to c-xercis,. ~ s,.~ of 5en~or'~t)' .3~lv, once ........ ' "'~ ,. for the period o:[' Ray 1 to April SO, shall be posted annually ~ ~:' April I and employees shall exercise their choice hv biddins in ity. Employees of the Street. Division_ selcct'~,.~ vaca~.ion times the last two weeks of June, last two weeks of August or first two weeks of 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 em- ployee, 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 accum- ulate and carry over five (~ working days of vacation time into a subsequent year. Section 5. Payment on Termination. In the event of death or termin~ ation of an employee during ~he ~nltial 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 ( ~ and is ti~erwise eligible !_~ continuous months~ ~ o 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: Section i. 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 depart- ments throughout the week, shall consist of five (5) consecutive days as scheduled by the department heads or other responsible author- ity. Section 2. Hours. Treatment plant operators shall be scheduled for eight- (8) consecutive hours (including ]./2 hour for a mea~. 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 !/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 ~M, or a shift which ends after shall be scheduled for 8 consecutive hours, including 1/2 hour for a meal period which shall be paid. Section 3. Work Schedules. All employees, to the extent cc~nsis~ ~ith operating requirements, shall be scheduled to work on a regular work shift, and each shift shall have re?~zlar starting and qui%t;. times. Work schedules showing the employee's shifts, ~ork¢~ys aa~ hours shall be posted on department bulletin boards. Except for gency situations and for the duration of the emergency, changes i~ work schedules shall be posted seven (7) days prior to the e£fec~ivc date of the change. Section 4. Rest Periods. A rest period of fifteen (15) mint,~tes shall ~e permitted for all employees durJ.n§ each half shift, which $]',ali be scheduled by the City in accordcance with its determinati¢;n as to t~ke 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 transpor- tation to or from such place. Section 5. Meal Periods. To the extent consistent with operating requirements of the respective departments, meal periods shall be scheduled in the middle of the work shift. Meal periods may be taken at a place of the employee's choosing, provided no more than the allotted time is used and no City vehicles are used for transportation to or from such place. ARTICLE VIII - SICK LEAVE Section 1. Accumulation. Sick leave shall be earned for the purposes stated herein by each eligible emp!o~ee 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 re- sulting 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 Sec'tion 2 hereof as a con- dition precedent to any sick leave payment. 'Section 2. Utilization for Illness or Injury. Employees may utilize i~eir allowance f0~ sick leave when unaSle to perform their work duties by reason of illness or injury. In such event, the employee shall no- tify the department head or other supervisor'of absence due to illness or injury, the nature and expected length thereof, as soon as possible prior to the beginning of his scheduled regular work shift, unless unable to do so because of the serious nature of ~njury or illness. A physi- cian's statement of the natOre and. identity of the illness, the need for the employee'> 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 p~yment of any sick leave benefits or prior to al!o~ving the employee to return to work. A physician's statement may be re- quired 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. S~ction 3. Integration with Workmen's Compensation. When an injury occurs in the course of employment, the Cily's obligation to pay under this sick leave article is limited to the difference 'between any pay- ment received under Workmen's Compensation laws and the employees regu- lar pa>'. In such insta~ce~, pro rata charges will be made against accrued sick leave for the first thirty (30) calendar days in propor- tion to the City's contribution to the empley~e's daily wage. Thereafter, full charges will be made against accrued sick leave until such sick leave is exhausted, after which time the only compensation will be Workmen's Compensation Benefits, if any. Section 4. Sick Leave Without Pay. Upon application by the employee, -s-ick' leave ~,,'ithou~ pay may ~'~e g~nfed by the City for the remaining period of disabi!i[-y after accrued sick leave has been exhausted. The City may re<~irc that r. hc e~?iovee subr.~t a certificate from a physi- cian pe~'iodic~!~v,., dur;'~. ..... ~he p~r~od of such disability, and before_ re- turning to work. Section 5. Termination. Sick leave is provided by the City in the nature of insurn.uce aoainst loss of income clue to thc illness or iniurv. -7- No compensation for accrued sick.!eave shall be provided for any employee upon his death or termination of employment, except that upon retirement. accumulated sick leave will be applied to retirement as provided in ORS 237.153. Sick leave shall net accrue during any period of leave of ab- sence without pay. ARTICLE IX - FUNERAL LEAVE Section 1. Funeral Leave. An employee may be granted three (3) days funeral leave with regular ~ay 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 or father-in- law. The employee will be paid his regular hourly rate for any such days of excused absence which occur only during his assigned workweek. An additional two (2) days leave may be granted if the funeral is over 750 miles from Ashland, one-way. ARTICLE X OTHER LEAVES OF ABSENCE Section 1. Criteria and Procedure. Leaves of absences wit-bout pay not to exceed one (1) year may De 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 thC employee. Requests for such leaves must be in writing. Normally, such leave will not be approved for ~n employee for the purpose of accepting employment ~ut side 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 centact his sup- ervisor for assignment for the remainder of his or her regular workday. Section 3. Appearances. Leave with pay shall be granted for an appear- ance before a court, legislative committee, judicial or quasi-judicial body as a witness in response to a subpoena or other direction by proper authority; provided, however, that the regular pay of such employee shall be reduced by an amount equal to any compensation he may receive as witness fees. Section 4. Required Court Appearances. Leaves of absence with pay ~half' ~e granted ~or attendance zn court in connection with an employee'~ 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 4a~ only if, due to scheduling of work, .they ~.~ould not otherwise be able to vote. Section 6 Union Business lmo].ovees elected to any le~,itims+e fu]~ ra~:, them from their-empLovmcn" w~th the City, shall ul)on writ~:en request of the Upi~n and the emt~lovee, '::o granted a leave of absence of up to one (1) year w~thout p~v, r~newuble upon application. Employees s.electe.J by the U~ion to ~tteni conventJ_ops and related Union activities, s~all upon writton r~quest of the Union tile employee, be granted a leave of absence of up to thirty (30) days without pay. Section 7. Educational Leave. After completing one (1) year of contin- uous 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 re- quested extensions, for educational purposes may not be provided more than once in any three (3) year period. His replacement shall be con- sidered a tempora.ry employee. Employees may also be granted time off with pay for educational purposes, for reasonable lengths of time, to attend conferences, seminars, briefing sessions, training programs, and other programs of a similar nature that are intended to improve or upgrade the employee's skill and professional ability, when ordered by the employee's Department Head. Section 8. Military and Peace Corps Leave. Military and Peace Corps leave shall be granted ~n accordance with Oregon Revised Statutes. Section 9. Failure to Return from Leave. Any employee who is granted a leave of absence and who, for any reason, fails to return to work at the 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 o'r other legitimate reason be- yond his control. ARTICLE XI - COMPENSATION Section 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. When any position not listed on the pay schedule is established, the City shall designate a job classification and pay rate for the position. The Union shall be notified and the pay rate established by the City shall be considered tentative until the Union has been afforded the opportunity to meet and discuss the matter. If the Union does not a~ree that the classification or pay rate is proper, the Union may submit Zhe issue as a grievance according to the grievance procedure. Section 2. Pay Periods. Employees shall be paid every other Friday ~eg~nn.tng on Jul~~ 16, 19'76, £or the pay period beginnin7~ on July ~, 1976, at 12:01 A~,~ and endi~g on Friday, July 9, 1976, at 11:59 P3~. There:~;'rer, i~ay periods shall be for i~ days beginn]n~ at 12:01 Aq on J~ly i0, 19-5, ~nd ending on the 14t~ day (Friday) st 11:59 PM. Pay days shall be on the Friday following the close o~' each pay oeriod. Section 3. Cal.!-back Time. Employees called back to work shall ~'eceive -9- overtime pay with a guaranteed minimum of cne (1) hour at double time for the work for which.they are called back. This section applies only when call-back results in hours worked which are not annexed consecutively to one end or the other of the working day or working shift. This section does not apply to scheduled overtime, call-in times annexed to the be§in- ning 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 rase for overtime work under the following conditions, but in no event shall such compensation be received twice for the same hours: (a) All 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 6f pay at the appli~ cable rate. Ail overtime shall be recorded by the employee and must be approved by the Department Head or designated supervisor. Section 6. Standby Pay. An employee assigned to standby status for a seven (7) consecutive day period to handle gmergencies during his off- duty hours and who is required te remain at his home, shall be paid at the rate of $60.00 for such period. If a Holiday occurs during such per- iod, an additional $30.00 shall be paid to such employee. In addition, he shall be compensated at overtime rates for actual time worked to the nearest one-half hour and shall not be eligible for call-back time as set forth in Section 3 above. Section 7. Certification Pay. Treatment Plant Operators with an Oregon State Water System or Wastewater System Operator II certification will be paid fifteen (15) cents per hour certification pay in addition to the regular rate of pay as shown in Appendix B. Certified operator III's will receive twenty-five (25) cents per hour certification pay in addition to their regular rate of pay. Section $. Mileage. An employee required to report for special duty or assignment at any location o~her than his permanent reportmng location and who is required to use his personal automobile for transportation to such location shall be compensated at the rate of $.i5 per mile for the use of such automobile directly in the line of duty. ARTICLE XiI - DISCIPLINE AND DISCHARGE Section 1. Discipline. Disciplinary action may include the following: (a) Written repremand (b) Demotion (co Suspe~sion Discharge -10- Disciplinary action may be imposed upon any employee for failing to fulfill his or her responsibilities as an employee. Conduct reflecting discredit upon the Cify 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 giving of false or confidential information, the withholding of information with intent to deceive when making application for em- ployment, willful violation of departmental rules or for political activities forbidden by State Law. Any disciplinary action imposed upon an employee shall be protested only as a grievance through the regular grievance procedure. If the department head or other supervisor has reason to'discipline an employee, he shall make reasonable efforts to impose such discipline in a manner that will not embarrass or humiliate the employee before other employees or the public. SECTION 2. Discharge. An employee having less than twelve (12) months continuous service~-h-~ll serve at the pleasure of the City. An employee having continuous service in excess of twelve (12) months shall be dischargc~ 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 (S) 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. Un- less otherwise resolved, the dismissal shall become effective at the -end of the five-day suspension. Protest of the discharge of any em- ployee shall be made only through the grievance procedure set forth in Article XIII. The Union may process a grievance concerning suspen- sion or discharge, or both, at Step II of the grievance procedure. ARTICLE XIII SETTLEMENT OF DISPUTES Section 1. Grievance and Arbitration Procedure. Any grievance or dis- pute which may arise between the parties concerning the application, meaning or interpretation of this Agreement shall be settled in the following manner: STEP I. The affected employee shall take up the grievance or dispute with the employee's division head or supervisor within seventy-two (?2) hours of its occurrence, excluding Saturday and Sunday. Such employee may be accompanied by the Steward, if he so desires. The division head or supervisor shall then attempt to adjust the matter within three (3) working days. STEP II. If the grievance has not been settled between the affected employee and the division head or supervisor, it may be presented in writing by the Union Business ~,Ianager or his designee to the Director of Public Works within seventy- two hours, excluding Saturday and Sm~day, after the response specified in STEP I is due. The written notic~ '.~h:~.!l incl~de details of '~t~e grievance, the section of this A~rcc:~en~ violated and the specific remedy requested. The Director of Public Works shall respond to the Union representative in ',,;riting -11- within five (S) working days after receipt thereof. STEP III. If the' grievance still remains unadjusted, it may be presented by the Union to she City Administrator of the City or his designee(s), within seven (7) days after the response speci- fied in STEP II is due. The City Administrator or his designee(s), shall respond in writing to the Union within five (5) working days. STEP IV. If the grievance is still unsettled, either party may, within ten (10) days after the reply of the City Administrator is due, by written notice to the other, request arbitration of the dispute under STEP V hereof. STEP V. If the grievance is still unsettled, either party may within ten (10) days of the decision of the City Administrator or his designee(z) under STEF 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 pro- cess shall be repeated and the remaining person shall be the arbitrator. The City and the Union shall meet in a prehearing 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 em- ployee. The arbitrator shall have no rigl~t to amend, modify, nullify, ignore or add provisions to the agreement, but shall be limited to consideration of the particular issue(s) pre- sented to him. His decision shall be based solely upon his interpretation of the meaning and application of the express language of the agreement. Expenses for the arbitrator shall be borne equally by the City and the Union; however, each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim recording of the proceedings, it may cause such a record to be made, provided it pays for the record. If the other party desires a copy, both parties shall jointly share the cost of the transcript of all copies. If any grievance is not presented or forwarded by the employee or Union within the time limits specified above, such grievance shall be deemed waived, if any grievance is not answered by the City within the time limits specified above, Such grievance and the remedy request- ed shall be deemed granted. Section 2. Stewards. Employees selected by the Union to act a.~ representar, ives shall be known a~ ~te,va~u. ~n,J shall not e~ceed (2) i~ number. The ~ames of the em!~l, oyees seiecr, ed as stewards, and the names of local Union represenzatives, state council or international representatives who may represent employees, shall be certified writing to the City by the Union. Duties required by the Union of stewards, excepting attendance at meetings with supervisory personnel and aggrieved employees arising out of a grievance already initiated by an employee under Section 1 hereof, shall not interfere with their or other employees' regular work assignments as employees of the City. Contacts between stewards and employees or the Union shall be made outside of working house so as not to disrupt regular city operations. ARTICLE XIV - SENIORITY Section 1. Seniority. Seniority shall be an employee's length of continuous service'wi~h 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 xn a lower job classification within his division. Recall from a layoff shall be in the reverse order of seniority. The City reserves the right to layoff out of order of seniority and the 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 repor~ to work within three days after being recalled; (5) is laid off from work for any reason for 24 months, or for a period of time equal to his seniority, whichever is shorter; (6) fails to report for work at the termination of a leave of absence; {7) if while on a leave of ab- sence for personal healtit reasons, accepts other employment without permission; or (8) if he is retired. Section 1.1 Suspension of Seniority. Seniority shall be retained but shall not continue to accrue during (1) authorized sick leave or dis- ability leave in excess of thirty (30) calendar days; {2) educational leave requested by the employee; (3) military leave for disciplinary reasons; (4) election to a full-time paid Union office up to one (1) year, renewable upon application; {$) other authorized leaves of ab- sence of up to thirty {50) calendar days; and (6) promotion to a sup- ervisory position outside of the bargaining unit for six {6) months. Section 1.2. Accrual of Seniority. Seniority shall continue to accrue ~uring (~') authorized sick leave or disability leave up to thirty. calendar days; (2) vacation leave; (3) education leave required by t~e 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 thc opportunity to upgrade and improve thc departmen} 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 em- ployee hired into the bargaining unit shall serve a probationary period of {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 an)' reason and to exercise all rights not specifically modified by this Agreement with respect to such employees, including, but not limited to, the shifting of work schedules and job classifications, the assignment of -13- on-the-job training, cross-training in other classifications, the assign- ment to educational courses and training programs, and the request that such employees attend training programs on their off-duty time. Ter- mination of a probationary employee shall not be subject to the grievance procedure under Article XII!. Section 3. Promotional Probationary Period. Regular employees promoted into a higher classification shall serve a promtional probationary period of six (6) full months. The Union also recognizes the right of the em- ployer to demote an employee on promotional probationary status to his previous position. Demotion of.am employee on promotional probationary status shall be subject to the grievance procedure under Article XlII. Section 4. Promotional Opportunities. The City and the Union recognize -that promotions from within the di'V~s~ons increase productivity and morale. The City and the Union also recognize the affirmative action policy of the City that all job opportunities shall be advertised both within and without the City service pursuant to the Federal Equal Oppor- tunity Act of 1972 and Presidential Executive Order 11246. To this end, training will be provided as specified in Article XV, Section 13, and ail 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 Pr°moted shall not suffer a reduction in wages. Section $. Recall from Layoff~ Recall from layoff exceeding five ($) w~rk days shall be by certified letter sent to the employee at his last known address furnished to the City by the employee. The City may use any. other means to return an employee sooner. ARTICLE XV - GENERAL PROVISIONS Section 1. No Discrimination. The provisions of this Agreement shall be apPlied equally to all employees ~n the bargaining unit without dis- crimination 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 mnd 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 individua'l employee to represent himself ~n individual personal matters. Section 2. Bulletin Boards. The City agrees to furnish and maintain a £ui'"table bulletin board'in a convenient place in the work or assem- bly 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 Unternational Union Section 3. Visits by Union Representatives. The City agrees that ~ccredited representatives of ~he D~strlc~ 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 ~urpose 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. Sectien 4. Solicitation.~ The Union agrees that its members will not solicit ~e~bers'hip in the Union or otherwise carry on Union activities during working hours, except as specifically provided in this Agree- ment. Section 5. Existing Conditions. Only such existing and future work rules and benefits as are specifically covered by the terms of this agree- ment shall be affected by recognition of the Union and the execution of this agreement. It is further agreed that if modification of work rules or benefits covered by a specific provision of this agreement is proposed, any such modification shall be posted prominently on all bulletin boards for a period of seven (7). consecutive days prior to implementation. ~Section 6. Rules. It is jointly recognized that the City must retain broad authority to fulfill and implement their responsibilities and may do so by work rule, oral or written, existing or future. It is agreed, however, that no work rule will be promulgated or implemented which is inconsistent wish a specific provision of this agreement, or is contrary to the provisions of Oregon State La~. Ail work rules which nave been, or shall be reduced to writing will be furnished to the ~nion and to affected employees. Section 7. Other Employ~ent. Outside employment shall be permitted only with the express prior written approval of the City. Section 8. Sul.ervisory Emp!o~?ees. It is understood that supervisory employees not covered under this Agreement shall net perform work within the jurisdiction of the Union except in the case of a~ unforseen emergency, or for purposes of instruction or training, or wl~ere 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. Ur~iforms, Protective Clothing and Devices. If an emp_loyee zs required to wear a un~form, protective clo~'i~'i~g, or use any type of protective device, such article s:~a_l be provided, maintained ~nd by the City. Replacements s]~all be provided by ~the City upon surrender of t1~e article, at no cost to the emplc, yoe~ reasonable wear excepted. Lost articles or damage to articles due to nee~lige~ce sinai] be to the City by the employee. ¥!~e City si~all provide a safe ?lac':' storage of such articles. Faiiure of ai-~ employee to wear such requi;'e.] uniform, protective clothing, or use such protective devices a.~: prescribe~! by. the City s!~all be cause for disciplinary ac'~i_om as set £ort!~ XII hereof. The Union~and the City shall share equally in the responsi- bility for applying the provisions of this section. Section 10. Response Time Requirement. All' regular employees regularly assigned to standby status '§t~all establish their residence to enab~e them to report for emergency duty within fifteen (15) minutes of notification, including get ready time and travel time. New employees shall establish their residency within a fifteen (15) minute response time within six (6) months of date of hire. Section 11. Utility Discount. All regular employees shall receive a twenty-five (25) percent dls99unt on City domestic water, sewer and elec- tric utilities. Section 12. Safety Standards Committee. In order that the City may be informed and/or take appropriate action on standards of safety, pro- tective equipment, or similar matters, a committee 'shall be formed com- posed.of the Director of Public Works and/or his designated representa- tives not to exceed two, and representatives of the Union not to exceed three. The Committee shall meet ~.uarterly and make recommendations for improvements to the City Administrator. Section 13. Training Opportunities. On the job training will be pro- vided by'"the City so that all equipment included in the Utility ;Vorker ii! classification will have available one more operator than there are 'pieces of e~uipment in the Division. Employees interested in training will notify the City through their su- pervisor. Training opportunities will be provided according to seniority within the Division. If at anytime during the training period the employee or his supervisor feel that he is not willing or able to proceed wi~h the program, the City and the Union will be notified. The Public Works Director 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. 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 wi~h the Union for advancement of employees who apply for such training. The pro- gram shall provide not less than two ' ' ~2.~ hours of training per week in each division for the most senior employee. For each hour of ~raining on City time, the employee will devote one hour of personal time. Train- lng will normally be immediately prior to or following the regular' work day. Additional training time may be provided to other personnel as time pe.rmits. In the Street Division, training will be given on the asphalt paver and roller during paving season only. Training on other pieces of equip~c~t will not be given during the last two weeks of June, last t'~;'o ~,eeks et~ August, or first two weeks of September. ARTICLE XVI HEALTH }~ELFA,-,E AND RETJREblENT -16- Section 1. Health and Welfare, The group health, life and salary contin- uation plan in effect for all regular employees immediately prior to the execution of this Agreement shall be continued for the duration of this Agreement. The City shall also provide, at no cost to the employee, the existing (Blue Cross Plan II) or better dental insurance for the employee and family. The City shall pay any increased premium costs for this coverage for the duration of this Agreement. 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 computi~ng inequity adjustments six percent (6%) will be added to the wage rates shown in "Appendix B". ARTICLE XVII - WORKER'S COMPENSATION Section 1. Worker's Compensation. Ail employees will be insured under the provisions of the Oregon State Worker's Compensation Act for injuries received while at work for the City. Section 2. .Supplementary Payment. Compensation paid by the City, for a period of s~ck leave also co~ered by worker's compensation shall De equal to the difference between worker's compensation pay for lost time and the employee's regular pay rate. ARTICLE XVIII - 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 ou6 of the performance of their official duties. The premiums for such insurance shall be paid by the City. ARTICLE XIX - SAVINGS CLAUSE AND FUNDING Section 1. Savings Clause. Should any provision of this Agreement be subsequently declared by the proper legislative or judicial authority to be unlawful, unenforceable, or not in accordance with applicable statutes or ordinances, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. Section 2. Funding. The parties recognize that revenue needed to fund the wages and benefits provided by the Agreement must be approved annually by established budget procedures and in certain circumstances by vote of the citizens of the City. Ail such wages and benefits are therefore contingent upon sources of revenue and, where applicable, annual voter budget approval. The City has no intention of cutting the wages and benefits specified in this Agreement because of budgetary limitations, but cannot and does not guarantee any level of employment in the bargaining unit covered by this Agreement. The City agrees to include in its annual budget request amounts sufficient to fund the wages and benefits provided by this Agreement, but makes no guarantee as to passage of such budget requests or voter approval thereof. -17- ARTICLE XX - TERMINATION AND REOPENING This Agreement shall be effective as of the first day of July, 1982, and shall remain in full force and effect until the 30th day of June, 1984 and shall terminate all prior agreements and practices, and concludes all collective bargaining during the term of this Agreement, provided, however, that this Agreement may be opened on the subject of hourly rates of pay as set forth in Appendix "B", shall not be effective until July 1, 1983. The Union may apply any part or all of a salary increase negotiated to begin July 1, 1983, towards increased health and welfare benefits. 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 wishes to modify the Agreement for any reason. Such notification shall include the substance of the modification and the language with which such desired modifications are to be expressed. In the event that such notice is given, negotiations shall begin not later than 30 days after said notice. This agreement shall remain in full force and effect during the period of negotiations. LABORERS INTERNATIONAL ~UNIQN OF NORTH AMERICA - OREGOn,, NO. IDAHO & ~FYOMING DISTRICT CITY OF ASHLAND, OREGON by LABORERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL #1400 Date ~-~/~Z APPROVED: LABORERS INTERNATIONAI. UNION OF NORTH AMERICA, by q~ Date APPROVED: ASHLANR CITY COUNCIL bye' ~ ~~{ ~~ L. Gordon Medar±s, Mayor Date ') ID-'2-/t~q%--- Nan E. Frank!in, e'it'y Recorder Date ~:;:/¢:- ",R?PENDI X A" CLASSIFICATIONS NITHIN BARGAINING UNIT Utility Worker IV Utility Worker III Utility Worker II Utility Worker I Senior Treatment Plant Operator Treatment Plant Operator Me~er Reader/Repair Mechanic Cemetery B~aintenance Worker APPENDIX "B" WAGE SCHEDULE CLASSIFICATION Effective 7-1-82 Hourly(Monthly) Utility Worker 1 First 6 months Next 12 months Rate Utility Worker II First 6 months Next 12 months Rate Utility Worker Iii First 6 months Next 12 months Rate Utility Worker IV First 6 months Next 12 months Rate Senior Treatment Plant Operator First 6 months Next 12 months .Rate Treatment Plant Operator First 6 months Next 12 months Rate Meter Reader/Repair First 6 months Next 12 months Rate Cemetery Maintenance Worker First 6 months Next 6 months Next 12 months Rate Mechanic First 6 months Next 12 months Rate $5.61 ($972) 6.08 (1054) 7.00 (1213) 6.04 (1047) 6,52 (1130) 7.61 (1319) 7.12 (1234) 7~58 (1314) 8.48 (1470) 7.63 (1322) 8,10 (1404) 8.98 (1556) 7.23 (1253) 7.69 (1333) 8.59 (1489) 6.66 (1154) 7.15 (1239) 8.20 (1421) 6.12 (1061) 6.62 (1147) 7.67 (1329) 5.71 (990) 6.27 (1087) 6.93 (1201) 7.60 (1317) 6.80 (1178) 7.50 (1300) 8.57 (1485)