HomeMy WebLinkAbout2005-215 Agreement - Laborers Local 121
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AGREEMENT
BETWEEN
THE CITY OF ASHLAND, OREGON
and
DISTRICT COUNCIL OF LABORERS
and
LABORERS UNION LOCAL 121
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AGREEMENT
BETWEEN
THE CITY OF ASHLAND, OREGON
and
DISTRICT COUNCIL OF LABORERS and LABORERS UNION LOCAL 121
PREAMBLE
This Agreement is entered into by the City of Ashland, Oregon, hereinafter referred to as the
"City", and Oregon and Southern Idaho District Council of Laborers International Union of North
America-, AFL-CIO, hereinafter collectively referred to as the "Union". Unless indicated
otherwise, references to the "City" herein shall include the Mayor and City Councilor their
designee(s) as the officials directly responsible for the operation of the department(s) covered by
this Agreement. The purpose of this Agreement is to set forth the fall and complete Agreement
between the parties on the matters pertaining to rates of pay, hours of work and other conditions
of employment.
SCOPE OF AGREEMENT
This Agreement shall include employees of the Public Works and Cemetery Departments,
Ashland, Oregon, as set forth in Appendix "A" but excluding supervisory employees,
confidential employees, clerical employees, guards, part-time employees, or temporary
employees.
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 RECOGNIT'ION
The City recognizes the Union as the sole and exclusive bargaining agent for the purpose of
establishing rates of pay, hours of work and other conditions of employment for all employees
within the bargaining unit described immediately above.
AR"T'ICLE Il- UNION SECURrry AND CHECK-OFF
Section I. Union Securitv. The terms of this Agreement have been made for all employees in the
bargaining unit and not only for the members of the Union. Accordingly, it is fair that each
employee in the bargaining unit pay his/her own way and assume his/her obligation along with
the grant of equal benefits. Any employee in the bargaining unit who has not joined the Union
within thirty (30) days of this Agreement, or within thirty (30) days of becoming an employee,
shall as a condition of employment, pay to the Union an amount equal to the uniform dues and
initiation fees required of members of the Union.
2005 Laborer's contract page 2
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Any individual employee objection based on bona fide religious tenets or teachings of a church
or religious body of which such employee is a member, will require such an employee to inform
the City and Union of his /her objection. The employee will meet with representatives of the
Union and establish a satisfactory arrangement for distribution of a contribution of an amount of
money equivalent to regular Union membership dues to a non-religious charity.
Section 2. Check-off for Union Members. Upon receipt of a lawfully executed authorization
from an employee, the City agrees to deduct the regular monthly dues uniformly required of
members of the Union, and remit such deductions by the fifteenth (1 5th) 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 regular membership dues to be deducted.
Authorization by the employee shall be on forms furnished by the City and may be revoked by
the employee upon request. Employees terminating with less than ten (10) working days in any
calendar month, will not be subject to a dues deduction.
Section 3. Check-off for Non-Members. A like amount in lieu of Union dues win 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 ofthe Union and by the majority vote of the
Union membership. Employees terminating with less than ten (10) working days in any calendar
month will not be subject to an in lieu dues deduction.
Section 4. Indellmilication. The Union agrees to indemnify and hold the City harmless against
any and all claims, orders, or judgments brought or issued against the City as a result of any
action taken or not taken by the City under the provisions of this article. Upon written
notification by the Union of a check-off error, the City will make adjustments within sixty (60)
days of receipt of such notification.
ARTICLE III - MANAGEMENT RIGIHS
Union recognizes the prerogative of City to operate and manage its affairs in all respects in
accordance with its responsibilities, and the powers or authority which City has not expressly
abridged, delegated or modified by this Agreement are retained by City. It is understood and
agreed that City possesses the sole and exclusive right to operate the City through its City
Administrator and department heads and that all management rights repose in it, but such rights
must be exercised consistent with the other provisions ofthis contract. These rights include but
are not limited to the following:
1. 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 discharge for just cause.
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5. To relieve its employees from duty because of lack of work, finances or
other legitimate reasons.
6. To maintain the efficiency of governmental operations.
7. To determine the methods, means and personnel by which government
operations are to be conducted; except that the City will not contract any
work which is ordinarily done by its regular employees for the specific
purpose of laying off or demoting such employees, and will furnish the
Union with a copy of any contract entered into involving work covered by
this contract.
8. To determine the content of job classifications.
9. To take all necessary action to carry out its mission in emergencies, and
10. To exercise complete control and discretion over its organization and the
technology of performing its work.
ARTICLE IV - STRIKE AND LOCKOUT PROHIBITION
Section 1. The Union and its members, as individuals or as a group, will not initiate, Gause,
permit or participate or join in any strike, work stoppage, or slowdown, picketing, or any other
restriction of work at any location in the City. Employees in the bargaining unit, while acting in
the course of their employment, shall not honor any picket line established in the City by the
Union or by any other labor organization when called upon to cross the picket line in the line of
duty. Disciplinary action, including discharge may be taken by the City against any employee or
employees engaged in a violation of this Article. Such disciplinary action may be under-taken
selectively at the option of the City and shall not preclude or restrict recourse to any other
remedies, including an action for damages, which may be available to the City.
Section 2. In the event of a strike, work stoppage, slowdown, picketing, observance of a picket
line, or other restriction of work in any form, either on the basis of individual choice or collective
employee conduct, the Union will immediately upon notification, attempt to secure an immediate
and orderly return to work. This obligation and the obligations set forth in Section 1 above shall
not be affected or limited by the subject matter involved in the dispute giving rise to the stoppage
or by whether such subject matter is or is not subject to the grievance and arbitration provision of
this Agreement.
Section 3. There will be no lockout of employees in the unit by the City as a consequence of any
dispute with the Union arising during the period of this Agreement.
2005 Laborer's contract page 4
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f::\RTICLF V - IIOL.IDA YS
Section 1. Recognized llolidavs. The following shall be recognized as Holidays:
New Year's Day (January 1)
Martin Luther King, Jr.'s Birthday (3rd Monday in January)
Washington's Birthday (3rd Monday in February)
Memorial Day (last Monday in May)
Independence Day (July 4)
Labor Day (1st Monday in September)
Veterans' Day (November 11)
Thanksgiving Day (4th Thursday in November)
Day after Thanksgiving Day (in-lieu of Lincoln's Birthday)
Christmas Day (December 25)
Whenever a Holiday shall fall on Sunday, the succeeding Monday shall be observed as a Holiday.
Whenever a Holiday shall fall on Saturday, the preceding Friday shall be observed as the
Holiday. If an employee is on authorized vacation, sick leave or other leave with pay when a
Holiday occurs, such Holiday shall not be charged against such leave.
Section 2. H~!Jjdav Pay. Regular employees shall receive eight (8) hours pay for each of the
Holidays listed above on which they perform no work. In order to be eligible for Holiday pay
when no work is performed, an employee must work on his/her last scheduled work day prior to
the Holiday and on his/her first scheduled work day immediately following the Holiday, unless
the employee provides a justifiable excuse to the City.
Section 3. I Iolidav Work. If a regular employee is required to work on any of the Holidays listed
above as part of his/her regularly scheduled work week, he/she shall receive~ in addition to
his/her regular pay, compensation for all hours worked at his/her regular straight time rate of pay.
Compensation accrued by reason of authorized work on a Holiday as provided herein shall be
paid for at the straight time rate being received at the time the work was performed or given
another compensatory day off at the option of the department head. If any other regular employee
is required to work on a Holiday, he/she shall receive, in addition to his/her regular pay,
compensation for all hours worked in accordance with call-back pay provisions set forth in
Article X, Section 3.
ARTICLE VI - VACATIONS
Section I.Accrual. During an employee's first year of employment, the employee will accrue
vacation at the rate of 80 hours of vacation per year, accrued through equal monthly accruals.
Following the completion of the first full year of employment the annual vacation accrual will
increase by 6 hours per every full year of continuous service completed by the employee with the
City of Ashland up to a maximum annual vacation accrual cap of 184 hours.
Section 2. Continll01!S Service. Continuous service, for the purpose of accumulating vacation
leave, shall be based on the regular hours paid to the employee. Vacation leave shall not accrue
during a leave of absence without pay. Authorized leave without pay and lay-offs shall not be
2005 Laborer's contract page 5
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counted as service, however, employees returning from such leave and employees on layoff
status shall be entitled to credit for service prior to the leave or layoff.
Section 3. Accrual Limitations. Vacation time must be taken by the employee within twelve (12)
months following the date of eligibility, or such vacation shall be deemed forfeited. An employee
who is about to lose vacation credit because of accrual limitations may, by notifying his/her
supervisor fifteen (15) days in advance, absent himself/herself to prevent loss of this vacation
time. The City shall establish a procedure to notify an employee thirty (30) days in advance of
impending loss of accrued vacation time. Such action taken by the employee shall not constitute
a basis for disciplinary action or loss of pay. Vacation leave shall not accrue during a :leave of
absence without payor an educational leave with pay in excess of fifteen (15) calendar days. No
payment shall be made for vacation time lost by an employee because of accrual limitations,
unless the failure to take vacation is caused by the City's insistence that the employee be at work
during a scheduled vacation period.
Section 4. Schcdulin~. Employees shall be permitted to request vacation on either an entire
basis, or split into increments of not less than one:working day. Vacation times shall be
scheduled based on the head of the department's judgment as to the needs of efficient operations
and the availability of vacation relief. Accordingly, the City will not guarantee that vacation
times selected by the Street Division crew during the last two weeks of June, and the last two
weeks of August or September will be granted. Subject to the foregoing, employees shall have
the right to determine vacation times. Vacation times shall be selected on the basis of seniority;
provided, however, that each employee will be permitted to exercise his/her right of seniority
only once annually. The vacation schedule for the period of May 1 to April 30, shall be posted
annually as of April 1 and employees shall exercise their choice by bidding in seniority.
Employees of the Street Division selecting vacation times during the last two weeks of June, and
last two weeks of August or September will be allowed to also select alternate vacation times.
The list shall be closed as of April 30 and subsequent changes shall be made only by mutual
consent between the employee and the City. Scheduling of vacation periods to the extent
consistent with operating requirements of the City and vacation credits of the employee, shall be
in daily 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, or with the supervisor's approval,)hen
that employee may accumulate and carry over five (5) working days of vacation time into a
subsequent year.
Section 5. Payment on Tennination. In the event of death or termination of an employee during
the initial twelve (12) months of his /her employment, no payment in lieu of vacation shall be
made. In the event of death or termination of employment after an employee has served for
twelve (12) continuous months, and is otherwise eligible for vacation credits, the employee shall
be entitled to payment for accrued vacation leave at the rate as of the date of eligibility. In the
event of death, earned but unused vacation leave shall be paid in the same manner as salary due
the deceased employee is paid.
ARTICLE VII - IlOURS QF WORK
Section I. WQLh~ech. The workweek, to the extent consistent with operating requirements of
the departments covered by this Agreement, and recognizing the necessity for continuous service
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by such departments throughout the week, shall consist of five (5) consecutive days as scheduled
by the Department Heads or other responsible authority.
Section 1. Hours.
a. Water treatment plant operators shall be scheduled for eight (8) consecutive hours
(including 1/2 hour for a meal period) which shall be paid. Water plant operators may be
scheduled for ten (10) hour shifts. The regular hours of all other employees shall be 8 1/2
consecutive hours, including 1/2 hour for a meal period which shall not be paid. In addition, any
other regular employee who is scheduled to work a shift which begins prior to 6:00 am., or a shift
which ends after 10:00 p.m., shall be scheduled for 8 consecutive hours, including 1/2: hour for a
meal period which shall be paid.
b. Summer Hours. The parties agree to submit the issue raised in the Unions proposal to
the Board of Adjustment for consideration. The Board will present a recommendation to the
parties on or before April 1, 1993. The Board's recommendations will not be binding on the
parties. The arbitration provision under the Board of Adjustment process does not apply to this
Issue.
Section 3. Work Schedules. All employees, to the extent consistent with operating requirements,
shall be scheduled to work on a regular work shift, and each shift shall have regular starting and
quitting times. Work schedules showing the employee's shifts, workdays and hours shall be
posted on department bulletin boards. Except for emergency situations and for the duration of the
emergency, changes in work schedules shall be posted seven (7) days prior to the effective date
of the change.
Section 4. Rest Periods. A rest period of fifteen (15) minutes shall be permitted for all
employees during each half shift, which shall be scheduled by the City in accordance with its
determination as to the operating requirements and each employee's duties. Rest periods may be
taken at a place of the employee's choosing provided no more than the allotted time is used and
no City vehicles are used for transportation to or from such place.
Section 5. Meal Periods. To the extent consistent with operating requirements of the respective
departments, meal periods shall be scheduled in the middle of the work shift. Meal periods may
be taken at a place of the employee's choosing, provided no more than the allotted time is used
and no City vehicles are used for transportation to or from such place.
ARTICLE VIII SICK LEAVE
Section 1. Accumulation. Sick leave shall be earned for the purposes stated herein by each
eligible employee at the rate of eight (8) hours for each full calendar month of service. No new
sick leave credit may be accrued after the first thirty (30) calendar days on sick leave resulting
from an injury incurred in the course of employment. Sick leave may be accumulated to a total of
nine hundred sixty (960) hours and must be taken for the purposes specified in Section 2 hereof
as a condition precedent to any sick leave payment.
Section 1. Utilization for II1ness or Injurv. Employees may utilize their allowance for sick leave
when unable to perform their work duties by reason of illness or injury. In such event, the
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employee shall notify the department head or other supervisor of absence due to illness or injury,
the nature and expected length thereof, as soon as possible prior to the beginning of his/her
scheduled regular work shift, unless unable to do so because of the serious nature of injury or
illness. A physicians statement of the nature and identity of the illness, the need for the
employee's absence and the estimated duration of the absence may be required at the option of
the City for absences of over two days prior to payment of any sick leave benefits or prior to
allowing the employee to return to work. A physicians s statement may be required as a
prerequisite to payment of sick leave for less than three (3) days if the employee has been advised
in advance of such requirement.
Section 3. Inte~ration \vith Worker's Compensation. When an injury occurs in the course of
employment, the City's obligation to pay under this sick leave article is limited to the difference
between any payment received under Worker's Compensation laws and the employee's regular
pay. In such instances, pro rated charges will be made against accrued sick leave for the first
thirty (30) calendar days in proportion to the City's contribution to the employee's dafly wage.
Thereafter, full charges will be made against accrued sick leave until such sick leave is
exhausted, after which time the only compensation will be Workmen's Compensation benefits, if
any.
Section 4. Sick Leave Without Pay. Upon application by the employee, sick leave without pay
may be granted by the City for the remaining period of disability after accrued sick leave has
been exhausted. The City may require that the employee submit a certificate from a physician
periodically during the period of such disability, and before returning to work.
Section 5. Termination. Sick leave is provided by, the City in the nature of insurance against loss
of income due to illness or injury. No compensation for accrued sick leave shall be provided for
any employee upon his/her death or termination of employment, except that upon retirement,
accumulated sick leave will be applied to retirement as provided in ORS238.153. Sick leave shall
not accrue during any period of leave of absence without pay.
Section 6. Emergency Familv L,eave. An employee may, with the supervisor's approval, use
accrued sick leave in the event of an illness or injury for a spouse or children living in the
employee's household. The supervisor may grant a reasonable time off of up to five shifts of paid
sick leave for the employee to attend to the ill or injured family member.
Section 7. Familv and Medical Leave Act. The City complies with the requirements of the
federal Family and Medical Leave Act and the Oregon Family Leave Act. To the extent the
employee has not utili/cd sick leave for an illness or injury to a spouse or child pursuant to
Section 6 above. the supervisor may approve up to fhe (5) days of sick leave annually for FMLA
or OFLA leave for the employee to care for a sick member of the immediate family. Additional
use of sick leave may be approved by the supervisor in the event of a life threatening illness of
the spouse or child.
ARTICLE IX - FUNERAL LEAVE
Section I. Funeral Leave. An employee may be granted three (3) days funeral leave with regular
pay in the event of death in the immediate family of the employee. An employee's immediate
family shall include spouse, parent, children, brother, sister, mother-in-law, father-in-law,
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grandparents. The employee will be paid his/her regular hourly rate for any such days of excused
absence which occur only during his/her assigned workweek. An additional two (2) days may be
granted if the funeral is over 750 miles from Ashland, one way.
ARTICI.E X - QTtIfR LEA YES OF ABSENC[~
Section 1. I,eaves of Absence Without Pav. Leaves of absence without pay not to exceed one (1)
year may be granted upon establishment of reasonable justification and where it is determined
that the operation of the department and/or division win not be negatively impacted by the
temporary absence of the employee. Requests for such leaves must be in writing and submitted to
the Department Head 30 days prior to the requested leave date.
Section 2. Jury Dutv. 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/her for such jury service, and upon being
excused from jury service for any day an employee shall immediately contact his/her supervisor
for assignment for the remainder of his /her regular workday.
Section 3. Appearances. Leave with pay shall be granted for an appearance before a court,
legislative committee, judicial or quasi-judicial body as a witness in response to a subpoena or
other direction by proper authority; provided, however, that the regular pay of such employee
shall be reduced by an amount equal to any compensation he/she may receive as witness fees.
Section 4. Requirc<l Court 6Qpcarances. Leaves of absence with pay shall be granted for
attendance in court in connection with an employee's officially assigned duties, including the
time required for travel to the court and return to the employee's headquarters.
Scction 5. Election Dav. Employees shall be granted two (2) hours to vote on any election day
only if, due to scheduling of work, they would not otherwise be able to vote.
Scction 6. ~~l]ion Busincss. Employees elected to any legitimate full-time paid Union office
which takes them from their employment with the City, shall upon written request ofthe Union
and the employee, be granted a leave of absence of up to one (I) year without pay, renewable
upon application. Employees selected by the Union to attend conventions and related Union
activities, shall upon written request of the Union and the employee, be granted a leave of
absence of up to thirty (30) days without pay.
Section 7. Educational Leave. After completing one (1) year of continuous service, an employee,
upon written request may be granted a leave of absence without pay by the City for the purpose
of upgrading his/her professional ability through the enrollment in educational courses directly
related to employment at an accredited school or course of study. The period of such leave of
absence shall not exceed one (1) year, but may be renewed or extended upon request of the
employee and approval by the department head. One-year leaves of absence, with requested
extensions, for educational purposes may not be provided more than once in any three (3) year
period. His/her replacement shall be considered a temporary employee.
Employees may also be granted time off with pay for educational purposes for reasonable lengths
of time, to attend conferences, seminars, briefing sessions, training program, and other programs
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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 Leave. Military leave shall be granted in accordance with Oregon Revised
Statutes.
Section 9.I~!ilure t9 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/her position with the City, and his/her position shall be
declared vacated; except and unless the employee, prior to the expiration of his/her leave of
absence, has furnished evidence that he/she is unable to work by reason of sickness, physical
disability or other legitimate reason beyond his/her control.
AR"l"ICLE XI - COiv1PENSATION
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 agree that the
classification or pay rate is proper, the Union may submit the issue as a grievance according to
the grievance procedure.
a. Wage rate increases effective July 1, 2005, Each employee in the bargaining
unit shall receive a wage increase of $67 per employee per month on July 1, 2005,
and $68 per employee per month on January 1, 2006, (Equivalent cost of2%
across the board raise on July 1, 2005, and 2% across the board raise on January 1,
2006). On July 1, 2006 and on July 1, 2007, each employee in the bargaining
unit shall receive a wage increase equal to the all US CPI- W, January to January,
however such increase shall be not less than 2% nor greater than 4% each year. If
the 2006 or 2007 CPI- W is more than 5% or less than 2%, the parties agree to
reopen negotiations under Article XXI over the wage increase to take effect on
July 1 of that year.
Section 2. Pay Periods. Paydays shall be on the Friday following the close of each pay period.
Section 3. Call-Back Time. Employees called back to work shall receive overtime pay with a
guaranteed minimum of one (1) hour at double time for the work for which they are called back.
This section applies only when call-back results in hours worked which are not annexed
consecutively to one end or the other of the working day or working shift. This section does not
apply to scheduled overtime, call-in times annexed to the beginning of the work shift, or
hold-over times annexed to the end of the work shift or work day.
Section 4-, Overtime. The City has the right to assign overtime work as required in a manner
most advantageous to the City, and consistent with the requirements of municipal service and the
public interest. Employees shall be compensated at the rate of two (2) times the regular rate for
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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. Ovcr-time Compcnsatioll. Overtime may be paid in the form of compensatory time
off at the applicable rate, subject to the approval of the Department Head or designated
supervisor. All overtime shall be recorded by the employee and must be approved by the
Department Head or designated supervisor in advance. The employee must designate whether
he/she desires payor compensatory time off on the time sheet reporting the overtime worked.
Compensatory time shall be accrued on an annual basis from December 1 to November 30 with
any amount unused at November 30 to be compensated as pay on the first pay check of
December. Accrued compensatory time shall not exceed twenty (20) hours which represents
forty (40) hours of straight time. However, at the option of the employee, up to twenty (20)
hours (40 hours of straight time) may be carried forward for use in the next year, rather than
being cashed out in December.
Section 6. Standby Pav. Standby pay shall be 5% of an employee's regular monthly rate. If a
holiday occurs during such period, an additional 2 1/2% of the employee's regular monthly rate
shall be paid to such employee.
Section 7. Ccrti fication- Pay.
Section 7. Certification pay will be added as follows:
(1) Mechanic - more than 2 certification, but less than 6 = $0.25 per hr.
(a) Master Mechanic Certification - $0.50 per hr.
(2) Water / Waste Water--
(a) # II Certification = $0.25 per hr.
(b) # III Certification = $0.35 per hr.
(c) # IV Certification = $0.50 per hr.
(3) Back-Flow Certification Required by the City (Inspector Certification or Testing
Certification
(a) Anyone of these certification = $0.35 per hr.
(b) Both certifications = $0.50 per hr.
(4) Building Maintenance Certification = $0.25 per hr.
(5) Pesticide Certification Required by the City = $0.25 per hr.
Employees currently receiving certification pay through grandfathered provisions will
receive the above certification pay in lieu of and not in addition to the certification pay
they are currently receiving.
Section 8. MilcLll:C. An employee required to report for special duty or assignment at any
location other than hislher permanent reporting location and who is required to use his/her
personal automobile for transportation to such location shall be compensated at the mileage
reimbursement rate established annually by the IRS.
Section Y. Working_Qut ofClai'.S. Whenever an employee is required to work in a higher job
classification he/she shall receive an additional 5% for the next higher classification, 10% for a
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two classification upgrade and 15% for a three classification upgrade for the actual hours worked
in the higher classification.
ARTICLE XII - DISCIPLINE AND DISCHARGE
Section I. Discipline. Disciplinary action may include the following:
(a) Oral reprimand.
(b) Written reprimand.
(c) Demotion.
(d) Suspension.
(e) Discharge.
Disciplinary action may be imposed upon any employee for failing to fulfill his/her
responsibilities as an employee. Conduct reflecting discredit upon the City or department, or
which is a direct hindrance to the effective performance of City functions, shall be considered
good cause for disciplinary action. Such cause may also include misconduct abuse of sick leave,
inefficiency, incompetence, insubordination, misfeasance, malfeasance, the willful giving of false
or confidential information, the withholding of information with intent to deceive when making
application for employment willful violation of departmental rules or for political activities
forbidden by State law. Any disciplinary action imposed upon an employee shall be protested
only as a grievance through the regular grievance procedure. Written reprimands shall not be kept
in an employee's file longer than 12 months unless there is a similar disciplinary problem during
this time. Oral reprimands shall not be protested through the grievance procedure.
If the Department Head or other supervisor has reason to discipline an employee, he/she shall'
make reasonable efforts to impose such discipline in a manner that will not embarrass or
humiliate the employee before other employees or the public.
Section 2. Discharge. An employee having less than twelve (12) months continuous service shall
serve at the pleasure of the City. An employee having continuous service in excess of twelve (12)
months shall be discharged only for cause. If the department head or other supervisor determines
that there is cause for discharge, he/she shall suspend the employee without pay for five (5)
calendar days and shall deliver to the employee and the Union a written notice of such
suspension and pending dismissal. Such notice shall specify the principal grounds for such
action. Unless otherwise resolved, the dismissal shall become effective at the end of the five-day
suspension. Protest of the discharge of any regular employee shall be made only through the
grievance procedure set forth in Article XIII. The Union may process a grievance coneerning
suspension or discharge, or both, at Step 11 of the grievance procedure.
ARJICL.E;-,~lII - SETTLEMENT OF DISPUTf~.s.
Section 1. Grievance and Arbitration Procedure. Any grievance or dispute which may arise
between the parties concerning the application, meaning or interpretation of this Agreement shall
be settled in the following manner:
Step I. The affected employee shall take up the grievance or dispute with the employee's division
head or supervisor within seventy-two (72) hours of its occurrence, excluding Saturday and
2005 Laborer's contract page 12
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Sunday. Such employee may be accompanied by the Steward, ifhe/she so desires. The division
head or supervisor shall then attempt to adjust the matter within three (3) working days.
Step II. If the grievance has not been settled between the affected employee and the division
head or supervisor, it may be presented in writing by the Union Business Manager or his/her
designee to the Director of Public Works within seventy-two (72) hours, excluding Saturday and
Sunday, after the response specified in Step I is due. The written notice shall include details of
the grievance, the section of this Agreement allegedly violated and the specific remedy requested.
The Director of Public Works shall respond to the Union representative in writing within five (5)
working days after receipt thereof.
Step III. Board of Adjustment
If the grievance is not resolved at Step II, it shall be referred to a Board of Adjustment by written
notice which is served on the City within five (5) working days after the failure to resolve the
grievance at Step II or within five (5) working days after expiration of the time limit applicable to
that step. Failure to serve timely notice of referral to the Board of Adjustment shall constitute a
waiver of the grievance. The Board of Adjustment shall consist of two (2) representatives
appointed by the City and two (2) representatives by the Union. None of these four (4) shall be a
City employee. The Board shall hear the matter at a mutually convenient time and place within
ten (10) working days following written referral to the Board of Adjustment. Upon hearing the
matter, the Board shall issue a written decision signed by the members within twenty-four (24)
hours. The majority of the Board of Adjustment shall determine the matter, and such decisions
shall be final and binding on all parties - the City, the Union and the grievant or grievants. Each
member of the Board of Adjustment shall be entitled to one (1) vote. In the event the Board of
Adjustment is deadlocked, such result will be noted in writing. The parties may, by mutual
agreement, waive submission of a grievance to the Board of Adjustment.
Step IV. If the grievance still remains unadjusted, it may be presented by the Union to the City
Administrator or his/her designee, within five (5) working days after the Board of Adjustment's
action. The City Administrator or his/her designee shall respond in writing to the Union within
five (5) working days.
Step V. 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 IV hereof.
Step VI. If the grievance is still unsettled, either party may within ten (10) days of the decision of
the City Administrator or his/her designee(s) under Step V 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 on shall strike the first name and the other party shall then
strike one name. The process shall be repeated and the remaining person shall be the arbitrator.
The City and the Union shall meet in a 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 employee. The arbitrator shall have
2005 Laborer's contract page 13
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no right to amend, modify, nullify, ignore or add provisions to the agreement, but shall be limited
to consideration of the particular issue(s) presented to him/her. His/her decision shall be based
solely upon his/her interpretation of the meaning and application of the express language of the
agreement. Expenses for the arbitrator shall be borne equally by the City and the Union;
however, each party shall be responsible for compensating his/her own representatives and
witnesses. If either party desires a verbatim recording of the proceedings, it may cause such a
record to be made, provided it pays for the record. If the other party desires a copy, both parties
shall jointly share the cost of the transcript of all copies.
If any grievance is not presented or forwarded by the employee or Union within the time limits
specified above, such grievance shall be deemed waived. If any grievance is not answered by the
City within the time limits specified above, such grievance and the remedy requested shall be
deemed granted.
Section 2. Stewards. Employees selected by the Union to act as Union representatives, shall be
known as "Stewards" and shall not exceed two (2) in number. The names of the employees
selected as Stewards, and the names of local Union representatives, state councilor international
representatives who may represent employees, shall be certified in writing to the City by the
Union. Duties required by the Union of Stewards, excepting attendance at meetings with
supervisory personnel and aggrieved employees arising out of a grievance already initi,ated by an
employee under Section hereof, shall not interfere with their or other employees' regular work
assignments as employees of the City. Contacts between Stewards and employees or the Union
shall be made outside working hours so as not to disrupt regular City operations.. Business agent
or designee may place phone calls to Steward during work hours, the Steward will return such
calls while on break or lunch and this practice will not be abused.
2005 Laborer's contract page 14
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ARTICL.E XIV - SENIORITY
Section 1. ~cnioritv. Seniority shall be an employee's length of continuous service with the
bargaining unit, dating from his/her last date of hire, and shall apply by job classification within
his/her division in the matter of layoff, recall and vacation. In the event of a layoff, such
employee may exercise his/her seniority in a lower job classification within his/her division as
long as he/she is qualified to perform the work of the lower job classification. 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 charge; (3) is absent from work for two consecutive working days
without notification to the employee's supervisor by the employee; (4) is laid off and fails to
report to work within three days after being recalled; (5) is laid off from work for any reason for
24 months, or for a period of time equal to his/her seniority, whichever is shorter; (6) fails to
report for work at the termination of a leave of absence; (7) if while on a leave of absence for
personal health reasons, accepts other employment without permission; or (8) if he/she is retired.
Section 1.1 Suspension 01' Seniority. Seniority shall be retained but shall not continue to
accrue during (1) authorized sick leave or disability leave in excess of thirty (30) calendar
days; (2) educational leave requested by the employee; (3) military leave for disciplinary
reasons; (4) election to a full-time paid Union office up to one (1) year, renewable upon
application; (5) other authorized leaves of absence up to thirty (30) calendar days; and (6)
promotion to a supervisory position outside of the bargaining unit for six (6) months.
Section 1.2 Accrual of Seniority. Seniority shall continue to accrue during (1) authorized
sick leave or disability leave up to thirty (30) calendar days; (2) vacation leave; (3)
educational leave required by the City; (4) military leave as specified in Article X; (5)
funeral leave; (6) holiday leave; (7) jury duty; and (8) compensatory time off.
Section 2. Probationary Perioq. The probationary period is an integral part of the employee
selection process and provides the City with the opportunity to upgrade and improve the
department by observing a new employee's work, training, aiding new employees in adjustment
to their positions, and by providing an opportunity to reject any employee whose work
performance fails to meet required work standards. Every new employee hired into the
bargaining unit shall serve a probationary period of twelve (12) full months after which he/she
shall be considered a regular employee and granted seniority to the last date of hire. The Union
recognizes the right of the City to terminate probationary employees for any reason and to
exercise all rights not specifically modified by this Agreement with respect to such employees
including, but not limited to, the shifting of work schedules and job classifications, the
assignment of on-the-job training, cross-training in other classifications, the assignment of
educational courses and training programs and the request that such employees attend training
programs on their off-duty time. Termination of a probationary employee shall not be subject to
the grievance procedure under Article XIII.
Section 3. Promotional Probationary Period. Regular employees promoted into a higher
classification shall serve a promotional probationary period of six (6) months. The City may
extend probation for six (6) months. Any extension beyond twelve (12) months would require
mutual consent by the Union and the City. The Union also recognizes the right of the employer to
demote an employee on promotional probationary status to his/her previous position. Demotion
2005 Laborer's contract pagc 15
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of an employee on promotional probationary status shall be subject to the grievance procedure
under Article XIII.
Section 4. Promotional Opportunities. The City and the Union recognize that promotions from
within the divisions increase productivity and morale. The City and the Union also recognize the
affirmative action policy of the City that all job opportunities shall be advertised both within and
without the City service pursuant to the Federal Equal Opportunity Act of 1972 and Presidential
Executive Order 11246. To this end, training will be provided as specified in Article XV, Section
13, and all job opportunities shall be posted. At the option of the City, promotional job
opportunities may be advertised only within the City. Any decision made by the City regarding
this option is not grievable. Iftwo or more present employees who apply for the vacancy are
equally qualified, seniority shall govern. If a present employee and an outside applicant are
equally qualified, the present employee shall receive the appointment. Employees who are
promoted shall not suffer a reduction in wages. The City shall be the judge of an employee or
applicant's qualifications.
Section 5. Recall From Lavoff Recall from layoff exceeding five (5) workdays shall be by
certified letter sent to the employee at his/her last known address furnished to the City by the
employee. The City may use any other means to return an employee sooner.
Section 6. Temporarv Emplovees. If any regular bargaining unit employees are on a layoff status,
temporary employees shall not be used to supplant the duties previously performed by such
regular employees, provided such regular employees are qualified.
ARTICLE XV - GENERAL PgOVISIOttS.
Section I. No Discrimination. The provisions of this Agreement shall be applied equally to all
employees in the bargaining unit without discrimination as to race, creed, color, sex, age or
national origin. The Union shall share equally with the City the responsibility for applying the
provisions of this Section. All references to employees in this Agreement designate both sexes
and, wherever the male gender is used, it shall be construed to include male and female
employees.
Employees shall have the right to form, join and participate in the activities of the Union or any
other labor organization, or to refrain from any or all such activities, and there shall be no
discrimination by either the City or Union by reason of the exercise of such right except as
specifically provided herein. Nothing in this Agreement shall be construed as precluding or
limiting the right of an individual employee to represent himself/herself in individual personal
matters.
Section 2Jlulletin Boards. The City agrees to furnish and maintain a suitable bulletin board in a
convenient place in the work or assembly area to be used by the Union. The Union shall limit its
postings of Union notices and bulletins to such bulletin board, which shall be used only for the
following Union notices and bulletins:
a. Recreational and social affairs of the Union.
b. Union meetings.
c. Union elections.
2005 Laborer's ~ontract page 16
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d. Reports of Union committees.
e. Rulings or policies of the International Union.
Section 3. Visits by Union Representati\ es. The City agrees that accredited representatives of
the District Council of Laborers and Laborers Union, Local #121, upon reasonable and proper
introduction, may have reasonable access to the premises of the City at any time during working
hours for the purpose of assisting in the administration of this agreement.
Section 4. Solicitation. The Union agrees that its members will not solicit membership in the
Union or otherwise carry on Union activities during working hours, except as specifically
provided in this Agreement.
Section 5. Existing Conditions. Only such existing and future work rules and benefits as are
specifically covered by the terms of this Agreement shall be affected by recognition of the Union
and the execution of this Agreement. It is further agreed that if modification of work rules or
benefits covered by a specific provision of this Agreement is proposed, any such modification
shall be posted prominently on all bulletin boards for a period of seven (7) consecutive days prior
to implementation.
Section (). Rules. It is jointly recognized that the City must retain broad authority to fulfill and
implement their responsibilities and may do so by work rule, oral or written, existing or future. It
is agreed, however, that no work rule will be promulgated or implemented which is inconsistent
with a specific provision of this Agreement, or is contrary to the provisions of Oregon State Law.
All work rules which have been, or shall be reduced to writing, will be furnished to the Union
and to affected employees.
Section 7. Other Employment. Outside employment shall be permitted only with the express
prior written approval of the City.
Section 8. Supervisory Emplovees. It is understood that supervisory employees not covered
under this Agreement shall not perform work within the jurisdiction of the Union except in the
case of an unforeseen emergency, or for purposes of instruction or training, or where the
complement of regular employees is temporarily reduced by reason of absence of any employee
due to illness or other legitimate reasons, or where the work load is temporarily increased.
Section 9. Lini forms. Protective Clothin~ and Devices. If an employee is required to wear a
uniform, protective clothing, or use any type of protective device, such article shall be provided,
maintained and cleaned by the City. Lost articles or damage to articles due to negligence shall be
reimbursed to the City by the employee. The City shall provide a safe place for the storage of
such articles. Failure of an employee to wear such required uniform, protective clothing, or use
such protective devices as prescribed by the City shall be cause for disciplinary action as set forth
in Article XII hereof.
Section 10. Response -rime Requirement. All regular employees regularly assigned to standby
status shall establish their residence to enable them to report for emergency duty within forty (40)
minutes of notification, including get ready time and travel time. New employees shall establish
their residency within a forty (40) minute response time within six (6) months of date of hire.
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Section II. Sali:J.Y Committee. The City and Union will comply with all state and federal laws
on this subject.
Section 12. TraininE Opportunities. On-the-job training may be provided by the City as time and
the work load permit.
Section 13. Temporarv Emplovees. Temporary employees shall not be used in such a way as to
negate the purpose and intent of ARTICLE XV - GENERAL PROVISIONS Section 12. Training
Opportunities relating to the operation of heavy equipment.
ARTICLE XVI - HEAL.TIT, WEL.FARE AND RETIREMENT
Section 1. Health and Welfare. The City agrees to pay ninety- five percent (95%) of the premium
for employee and/or family coverage through the term ofthis agreement for the following health
and welfare plans. The employee agrees to pay five percent (5%) of the premium, to be deducted
from the employee's check through regular payroll deductions. The parties recognize this
agreement is to provide the insurance plans. Plan benefits are subject to annual adjustments.
Nothing in this agreement shall be deemed a limitation on the annual plan benefit adjustments.
In the event the plan is no longer offered then both Union and City of Ashland shall mutually
agree on a new plan.
(a) Blue Cross/Blue Shield of Oregon Plan V-A Health Insurance - employee
and family coverage.
(b) Blue Cross/Blue Shield of Oregon Dental Insurance Plan III - employee
and family coverage.
(c) Vision Services Plan - employee and family coverage.
(d) Life Insurance - employee ($10,000) and dependent ($1,000) coverage.
(e) Long Term Disability Insurance - employee only.
(t) City paid reimbursement for routine physical exams for employee/dependents, if
such coverage is not provided:
Ages 2-18
Ages 19-34
Ages 35-59
Ages 60+
Once every 3 years up to $50
Once every 5 years up to $140
Once every 2 years up to $140
Once every year up to $140
(g) City paid reimbursement for routine well-baby care, if such coverage is not
provided, to include first in-hospital exams; six doctor's office exams the first
year; three exams the second year up to $100 each exam (above includes exam
and x-ray expenses).
(h) $22.00 per month paid to the employee toward annual insurance deductible cost.
2005 Laborer's contract page 18
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(i) Pre-tax flexible spending account options for eligible health and dependent care
expenses
Section 2. Insurance Committee.. The Union and the City jointly recognize the escalalting cost of
Health and Welfare insurance and services. In an effort to control costs and provide the
maximum benefits possible, the City will establish an employee-based benefits committee, with
one member appointed by the bargaining unit. The committee will meet at the option of either the
City or the Union, will review insurance options and make recommendations related to
controlling costs.
Section 3. Retirement. The City agrees to maintain the existing retirement plan and to pay the
employee's contribution of 6% for all employees governed by the agreement.
Section -+. Deferred Compensation. Effective November 1, 1995 the City agrees to contribute
$15.00 per month in matching funds per member enrolled in a City deferred compensation
program (currently ICMA or AETNA). This program is at the option of the member and
contingent upon a minimum $15.00 per month contribution paid by the member.
ARTICLE XVIII - WORKER'S CO:vlPENS/\"fION
Section 1. Worker's Compensation. All 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 Pavmcnt. Compensation paid by the City for a period of sick leave
also covered by worker's compensation shall be equal to the difference between worker's
compensation pay for lost time and the employee's regular pay rate.
ARTICLE XIX - LIABILITY INSURANCE
Section 1. L,iabilitv Insurance. The City shall purchase liability insurance to the limits. set forth in
ORS 30.270 for the protection of all employees covered by this Agreement against claims against
them incurred in or arising out of the performance of their official duties. The premiums for such
insurance shall be paid by the City.
Section 2. Property Insurance. The City carries catastrophic coverage for property losses,
including to employee property, resulting from fire and other catastrophes. In addition, the City
will reimburse replacement costs (to the extent those costs are not covered by other insurance) if
all or most of a mechanic's personal work tools are stolen from City property. To obtain
reimbursement under this section, the mechanic must maintain an accurate inventory of the tools
which has been provided to the City in advance of the theft, a crime report must be filed with the
local police, and the mechanic must not be in any way involved in the theft.
2005 Laborer's contract page 19
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ARTICL.E XX - SAVINGS CLAUSE AND rUNDING
Section I. Savings Clause Should any provision of this Agreement be subsequently declared by
the proper legislation or judicial authority to be unlawful, unenforceable, or not in accordance
with applicable statutes or ordinances, all other provisions of this Agreement shall remain in full
force and effect for the duration of this Agreement.
Section 2. Funding. The parties recognize that revenue needed to fund the wages and benefits
provided by this Agreement must be approved annually by established budget procedures and in
certain circumstances by vote of the citizens of the City. All such wages and benefits are
therefore contingent upon sources of revenue and, where applicable, annual voter budget
approval. The City has no intention of cutting the wages and benefits specified in this Agreement
because of budgetary limitations, but cannot and does not guarantee any level of employment in
the bargaining unit covered by this Agreement. The City agrees to include in its annual budget
request amounts sufficient to fund the wages and benefits provided by this Agreement, but makes
no guarantee as to passage of such budget requests or voter approval thereof.
AKl"ICLE XXI - TERMINATION AND REOPENING
This Agreement shall be effective July 1, 2005, and shall remain in full force and effect until the
30th day of June 2008, and shall terminate all prior agreements and practices, and concludes all
collective bargaining during the term of this Agreement. It shall be automatically renewed from
year to year thereafter unless either party shall notify the other in writing not later than 180 days
prior to the expiration or subsequent anniversary date that it 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.
However, the health insurance and wage increases under this contract are subject to additional
negotiatoins as follows:
(a) If the 2006 or 2007 CPI- W is more than 5% or less than 2%, the parties will
reopen negotiations over the wage increase to take effect on July 1 of that year.
No other provision of the contract is open for negotiations when a reopener occurs; all other
provisions remain in effect. Notice of a desire to reopen negotiations will be given to the other
party by May 30 of the year in which the reopener occurs.
2005 Laborer's contract page 20
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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 negotilations.
::TY ot~-y(
Gino Grimaldi, City Administrator
lolt'fl Dr
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APPROVED:
ASHLAND CITY COUNCIL
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Date \0 - \.<-C.->' u~
Date
L.I.D.N.A. Local 121
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K 1k Estes
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2005 Laborer's contract page 21
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APPENDIX "A"
CLASSIFICATIONS WITHI'\) TIlE BARGAI~JNG UNIT
Cemetery Sexton
Locator/Mapping
Mechanic
Chief Mechanic
Meter Reader/Repair
Treatment Plant Operator
Utility Worker I
Utility Worker II
Utility Worker III
Utility Worker IV/Water Quality Technician
Warehouse/Inspector
Water Plan Operator III
2005 Laborer's ;:ontract page 22
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