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.
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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
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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
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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
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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
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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
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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.
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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)