HomeMy WebLinkAbout2009-195 Agrmt - IBEW Union 659
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AGREEMENT BETWEEN
THE CITY OF ASHLAND, OREGON
\ and
LOCAL UNION NO. 659
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS
(CL.ERICAL/TECHNICAL)
Effective
July 1, 2009 "";' June 30, 2012
)
Table of Contents
PREAMBLE,........,.."....,.......,..,.........".,...,... ,.".,., .........,..........,..."... 1
SCOPE OF AGREEMENT ...,..,.......,.,..,.....,....,...,..,...,..,..................,.... 1
ARTICLE I: RECOGNITION .....,......,..,......,...,..,.,......,....................,...1
ARTICLE II: UNION SECURITY AND CHECK-OFF............................... 2
Section 1. Union Security. ........................................................... 2
Section 2. Check-Off. ...............,.,..,..",........,..,......,..................., 2
Section 3. Indemnification...........,..".,..........,..,...,......... ............., 2
ARTICLE III: MANAGEMENT RIGHTS................................................ 3
ARTICLE IV: STRIKE AND LOCKOUT PROHIBITION ..........................3
Section 1. ...,;.......,.,.............".......,...",."...."....,....,......".......... 3
Section 2. ...........................,....,...........,....',.......,.,.................... 3
Section 3. .....,.......,......,.....,......,...,.,...",..,.,..,.....,.,.......".......... 4
ARTICLE V: HOLIDAyS....,..............,....,..,...".....,.,.".................,.,..,.. 4
Section 1. Recognized Holidays.................................................... 4
Section 2. Holiday Pay................................................................ 4
Section 3. Floating Holiday........... ................... ............................4
ARTICLE VI: VACATIONS ...........,.,...,..,..".......,.,......,....................,..5
Section 1. Eligibility.................................................................... 5
Section 1.1 ......,...........,................,.....,.,.,......,..,............,.......... 5
Section 1.2 ..............,.....,.,....,.......,..."...,..,...,....,...........,.. ......... 5
Section 1.3 ....,........,...........,........,.......,.,...,.,..............,.......,..,., 5
Section 1.4 ....."................................"......,....,...,...........,.....,.... 5
Section 1.5 ..........,.................. .,......,.......,.,',..,.,....... .................. 5
Section 2. Continuous Service..,.........,.",.......,.........,.......".......... 5
Section 3, Accrual Limitations..,..,.,.,.",...,.,...,........,...............,..,.. 5
Section 4. Scheduling...,...........,...",...,.........,..,...,...........,.....,..,. 6
Section 5. Payment on Termination .............................................. 6
ARTICLE VII: HOURS OF WORK AND OVERTIME .............................. 6
Section 1. Hours of Work ............................................................ 6
Section 2. Work Schedules ..........................................................7
Section 3. Rest Periods ..,......................,...,...,.....,...."...............,.7
Section 4. Meal Periods......................."..,.............................,..... 7
Section 5. Overtime Rates...... ..., .,..,..,...,.....'.... .....,.,......,.,.......... 7
Section 6. Compensatory Time ,......,.,......,.....................,..........,.. 7
ARTICLE VIII: SICK LEAVE ,......,.......,.,...........,..,.,....,...,.,.....,........,. 7
Section 1. Purpose ..........,'.... .........., ....,.......... ....,......,...., ,....,..,. 7
Section 2, Accumulation..,...,. .... ...,......... .....,..,. ...........,....,.....,.,.. 7
Section 3. Utilization ...,.........,..........,.,...,.."............,.........,....,...8
Section 4, Integration with Worker's Compensation ........................ 8
Section 5. Sick Leave Without Pay................................................ 8
Section 6, Termination.......,....,.."......,...,..............................,..... 8
Section 7. Payment for Unused Sick Leave________.________________.________.____________..8
ARTICLE IX: OTHER LEAVES OF ABSENCE ........................................ 9
Section 1. Leaves of Absence Without Pay.................................... 9
Section 2. Jury Duty.................:................................................. 9
Section 3. Appearances ......................,...,.............,.......,.........,... 9
Section 4, Required Court Appearances......................................... 9
Section 5. Election Day...... .........................................:... ............ 9
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Section 6. Union Business................................. .............. ............ 9
Section 7, Educational Leave ..................................................... 10
Section 8. Funeral Leave.,.....,.,......:,.".....,.,..........,....,.,.....,...... 10
Section 9, Failure to Return From Leave...........................-........... 10
ARTICLE X: COMPENSATION....................,......,........................,...., 10
Section 1. Wage Schedule......................................................... 10
Section 2. Overtime ...............................,....,.........,.,...........,.... 11
Section 3, Call-back Time... .............. ......................................... 11
Section 4. Pay Periods ...................................:.......................... 11
Section 5, Mileage,.......................................,...........,..........,.,.. 12
Section 6. Special Project Assignments ....................................... 12
Section 7. Certification Pay.,......."..............,..............,..,.......,.... 12
ARTICLE XI: DISCIPLINE AND DISCHARGE.................................... 12
Section 1, Discipline ..,;....,........................................,........,.,.... 12
Section 2,...",.,.............................,..........,..........,...,.,........,.... 13
Section 3..........,..,.................,...........,..,................,..............., 13
Section 4.."....,......,.,.....,.,....,.............,....,..........,................... 13
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Section 5.,......".,. ,................".....,...,.,....,........................,.,..,. 13
Section 6............................................................. ................... 13
ARTICLE XII: SETTLEMENT OF DISPUTES ....................................., 13
Section 1. Grievance and Arbitration Procedure ............................ 13
STEP I..,.....,.."'.,....,....,.......,.,.,.."...............................,.......... 13
STEP 11.............,.....,......,.".,.,......,.,....................,............,.,.,.. 14
,
STEP III. .......,....,....,.,............,.,.,.,.,.....,....,...............,........,... 14
STEP IV. ....,...., "..,.."... ".."............,."..........., .......,......."..,.,.,. 14
Section 2. Stewards ."..,...........,.........,.,.,...........................,.,... 14
ARTICLE XIII: SENIORITy..................,................................."...,... 15
Section 1. Seniority."....."....,.,.............,....,...................,.......... 15
Section 2. Suspension of Seniority............................................... 15
Section 3. Termination of Seniority............................................. 16
Section 4. Probationary Period ...................................................16
Section 5. Promotional Probationary Period.................................. 16
Section 6, Layoff and Recall....... ............ .................. .................. 16
Section 7. Training Opportunities ............................................... 17
Section 8. Job Announcements .................................................. 17
Section 9. Regular Employee ................................~.................... 17
Section 10 .......,......,........,..........",...,.,.,., ~,..,................ ........,. 17
Section 11. Regular Part-Time Employee Benefits......................... 17
Section 12, Part-Time and Temporary Employee Compensation
and Probationary Period...........,...,...........,..,...........,.,....,......".. 17
ARTICLE XIV: GENERAL PROVISIONS......,.,................................... 17
Section 1. No Discrimination,.........,.....,.....,...................,........... 17
Section 2. Bulletin Boards...... ............... .................................... 18
Section 3. Visits by Union Representatives................................... 18
Section 4. Solicitation...........................,.,.....,.......,................... 18
Section 5. Existing Conditions.........,......,................................... 18
Section 6, Other Employment .................................................... 18
Section 7. Supervisory Employees.............................................. 18
Section 8, Uniforms, Protective Clothing and Devices .................... 19
ARTICLE XV: CLASSIFICATIONS - WORK RULES - SAFETy............. 19
Section 1. Classifications and Descriptions....................... ............ 19
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Section 2. Safety Rules..........,.,.....,.,.,.,...,......... ,.... ,..,., ,.",.,.,.., 19
ARTICLE XVI: HEALTH,WELFARE AND RETIREMENT...................,.., 19
Section 1. Health and Welfare..,......,.,...................,..,........,........ 19
Section 2. Insurance Committee ..,..,...,.,.,.,.........,......,........,....., 20
Section 3. Retirement.,., ,..... ....,....,.,. ,..........,....,......'..,..,..,. ,..,.. 20
Section 4. Medical Coverage for Retirees......,......,.,....,........,.,..... 21
Section 5, Deferred Compensation .......,...,.,.............,....,............ 21
Section 6, HRA-VEBA Contribution____.____.____.__.__.______,.____..____.________.____________. .21
Section 7, P.E.R,S, Initial Six Month Waiting Period ...,.......,..,.,..... 21
ARTICLE XVII: WORKER'S COMPENSATION ..,........,...,.....,.,...,.,..... 21
Section 1. Workers' Compensation ............,.,...............,.....,....,...21
Section 2, Supplementary Payment ........,......,...,...,....,..,.......,....21
ARTICLE XVIII: LIABILITY INSURANCE.,.,.,....,.....,............,.,.....,... 22
ARTICLE XIX: SAVINGS CLAUSE AND FUNDING ............,.....,....,..... 22
Section 1. Savings Clause .................,.......,....................,..........22
Section 2. Funding ,.,.,......,.........,............,...,............................ 22
ARTICLE XX: TERMINATION & REOPENING ..................,........,.,..... 22
APPEN DIX A......,......,.,.,...,.,.,..........,....,...........,.,....,......,......,.,.,.., 24
APPENDIX B: WAGE SCHEDULE ......,....,.......,..........,........,....,.....,.. 25
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AGREEMENT BETWEEN
THE CITY OF ASHLAND, OREGON
and
LOCAL UNION NO. 659
INTERNATIONAL BROTHERHOOD OF ElECTRICAL WORKERS
(CLERICAL/TECHNICAL)
PREAMBLE
This Agreement made and entered into by the City of Ashland, Oregon,
hereinafter referred to as the "City" and Local Union No. 659 of the
International Brotherhood of Electrical Workers, hereinafter referred to as the
"Union." Unless indicated otherwise, references to the "City" herein shall
, include the Mayor and City Councilor their designees(s) as the officials directly
responsible for the operation of the departments covered by this Agreement.
The purpose of this Agreement is to set forth the full and complete agreement
between the parties on matters pertaining to rates of pay, hours of work and
other conditions of employment.
SCOPE OF AGREEMENT
This agreement shall apply to all employees of the Technical/Clerical
_Bargaining Unit of Ashland, Oregon, as set forth in "Appendix A" but excluding
confidential, supervisory, and 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 XIII hereof.
The parties agree as follows:
ARTICLE I
RECOGNITION
The City recognizes the Union as the sole and exclusive bargaining agent for
the purposes of establishing rates of pay, hours of work and other conditions of
employment for all employees within the bargaining unit described
immediately above.
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ARTICLE II
UNION SECURITY AND CHECK-OFF
Section 1. Union Security. All employees covered by this Agreement shall,
as a condition of employment, commencing thirty (30) days after hiring or
transfer into the Bargaining Unit, 1) become a member of the Union and
maintain his/her membership in the Union in accordance with its Constitution
and Bylaws, or 2) in the alternative, an employee must tender a registration
fee to the Union in such an amount as the Union may prescribe (but in no
event to exceed the initiation fee required by Union members), and shall
tender, monthly an agency fee as established by the Union in an amount not to
exceed the amount of the monthly dues and per capita fees required of "BA"
members in his/her base wage rate.
Any employee who is or who becomes a member of the Union shall, as a
condition of employment, maintain his/her membership in the Union in
accordance with its Constitution and Bylaws. ,
Upon written request from the Union, the City shall, within twenty-one (21)
calendar days, terminate the employment of any employee who fails to comply
with the requirements of this Article.
Section 2. Check-Off. The City will, during the term of this Agreement,
deduct and remit monthly to the Financial Secretary of the Union the normal
and usual dues uniformly required of its members or agency fees of any other
employee as provided for in Section 1 and shall voluntarily authorize the City
to do so. Such written authorization must be in lawful, mutually acceptable
form and shall be forwarded to the City through the Business Manager of the
Union,
The Financial Secretary of the Union will keep the City currently advised of the
monthly dues and agency fee to be deducted from the wages of each
employee who shall have filed the required deduction authorization with the
Union and the City.
An employee may revoke his/her deduction authorization by written notice
directed to the City and the Union by registered mail. Such revocation will be
effective in the payroll month following receipt of the notice.
Section 3. Indemnification. The Union agrees to indemnify and hold the
City harmless against any and all claims, orders or judgments brought or
issued against the City as a result of any action taken or not taken by the City
under the provisions of this Article,
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ARTICLE III
MANAGEMENT RIGHTS
The Union recognizes the prerogative of the City to operate and manage its
affairs in all respects in accordance with its responsibilities, and the powers or
authority which the City has not expressly abridged, delegated or modified by
this Agreement are retained by the City,
It is understood and agreed that the City possesses the sole and exclusive
right to operate the City through its City Administrator and department heads
and that all management rights repose in it, but such rights must be exercised
consistent with the other provisions of this contract. These rights include but
are not limited to the following:
1. To determine the mission of its constituent departments,
commissions and boards.
2, To set standards of service.
3, To direct its employees.
4. To discipline or discharge for just cause.
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.
8. To determine the content of job classifications.
9. To take all necessary action to carry out its mission in
emergencies,
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, cause, permit or participate or join in any strike, work stoppage, or
slowdown, picketing, or any other restriction of work at any location in the
City. Employees in the bargaining unit, while acting in the course of their
employment, shall not honor any picket line established in the City unless such
is sanctioned by the Southern Oregon Central Labor Council.
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 o(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
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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.
Disciplinary action, including discharge may be taken by the City against any
employee or employees engaged in a violation of this Article. Such disciplinary
action may be undertaken selectively at the option of the City and shall not
preclude or restrict recourse to any other remedies, including an action for
damages, which may be available to the City,
Section 3. There will be no lockout of employees in the unit by the City as a
consequence of any dispute arising during the period of this Agreement.
ARTICLE V
HOLIDAYS
Section 1. Recoanized Holidays. The following shall be recognized as
Holidays:
New Year's Day (January 1)
.Martin Luther King Day (3rd Monday in January)
Washington's Birthday (3rd Monday in February)
Memorial Day (last Monday in May)
Independence Day (4th of July)
Labor Day (1st Monday in September)
Veteran's Day (November 11)
Thanksgiving Day (4th Thursday in November)
Day after Thanksgiving (4th Friday in November)
Christmas Day (December 25th)
(Any day declared by the Governor, President or Mayor as a Holiday)
Whenever a Holiday shall fall on Sunday, the succeeding Monday shall be
observed as the Holiday. Whenever a Holiday shall fall on Saturday, the
preceding Friday shall be observed as the Holiday, If an employee is on
authorized vacation, sick leave, or other leave with pay when a Holiday occurs,
such Holiday shall not be charged against such leave.
Section 2. Holiday Pay. Regular employees shall receive eight (8)
hours of 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 immediately prior to a
Holiday and on his/her first scheduled work day immediately following the
Holiday, unless prior approval is granted, as in the case of illness or if the
Holiday falls within a vacation period.
Section 3. Floatina Holiday. A Floating Holiday effective July 1, 1991,
which for accounting purposes will be treated in the following manner: "8"
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hours added to the vacation accruals on July 1, 1991, and thereafter "2/3" of
one hour and one day to be added to each subsection of Section 1, Eliqibilitv,
Article VI.
ARTICLE VI
VACATIONS
Section 1. EIiQibilitv. An employee shall be eligible to take accrued vacation
leave with pay after six (6) full months of continuous service. Vacation leave
shall accrue on a monthly basis, in accordance with the following schedule:
Section 1.1 Employees with less than four (4) full years of continuous service
shall accrue 8 hours of vacation leave for each calendar month of service (12
working days annualized),
Section 1.2 Employees with more than four (4), but less than nine (9) full
years of continuous service shall accrue 9 1/3 hours of vacation leave for each
calendar month of service (14 working days annualized).
Section 1.3 Employees with more than nine (9), but less than fourteen (14)
full years of continuous service, shall accrue 12 hours of vacation leave for
each calendar month of service (18 working days annualized).
Section 1.4 Employees with more than fourteen (14) but less than nineteen
(19) full years of continuous service shall accrue 14 hours of vacation leave for
each calendar month of service (21 working days annualized).
Section 1.5 Employees with more than 19 full years of continuous service
shall accrue 15 1/3 hours of vacation credit for each calendar month of service
(23 working days maximum).
Section 2. Continuous Service. Continuous service for the purpose of
accumulating vacation leave shall be based on regular hours paid to the
employee. Time spent by the employee on authorized paid leaves shall be
included as continuous service. Vacation leave shall not accrue during a leave
of absence without pay, Authorized leave without pay and lay-offs shall not be
counted as service, however, employees returning from such absences or
layoff shall be entitled to credit for service prior to the leave or layoff.
Section 3. Accrual Limitations. An employee will be allowed to accrue
vacation up to, but not to exceed an amount equivalent to two times the
amount that they accrue in a calendar year. An employee who is about to lose
vacation credit because of accrual limitations may, by notifying his/her
supervisor 15 days in advance, request leave to prevent loss of vacation leave.
If the City cannot grant leave due to staffing problems, the City may grant a
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temporary allowance to accrue vacation in excess of the accrual cap of this
subsection. Said temporary allowance may continue for no more than 180
days. No payment shall be made for vacation leave lost by an employee
because of accrual limitations, unless the failure to take vacation is caused by
the City's insistence that the employee be at work during a scheduled vacation
period.
Section 4. SchedulinQ. Vacation leave shall be scheduled by the City based
on the head of the department's judgment as to the needs of efficient
operations and the availability of vacation relief, Subject to the foregoing,
employees shall have the right to determine vacation times. Vacation leave
taken shall not be in excess of that actually accrued at the time it is taken.
Vacation leave shall be selected on the basis of seniority; provided, however,
such employee will be permitted to exercise his/her right of seniority only once
annually, Employees shall exercise their choice by bidding in seniority. The
list shall be closed as of December 31, and subsequent changes shall be made
only by mutual consent of the parties.
Section S. Payment on Termination. In the event of the death or
termination of an employee during the initial six (6) 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 six (6)
months, the employee shall be entitled to payment for accrued, but unpaid,
vacation leave at the rate 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 AND OVERTIME
This Article is intended to be construed only as a basis for recognizing
overtime, and shall not be construed as a guarantee of hours of work per day
or per week.
Section 1. Hours of Work. To the extent consistent with operating
requirements of the City, eight (8) hours shall constitute a regular day's work,
and five (5) consecutive days, normally beginning Monday and terminating
Friday, shall constitute a week's work. However, an employee may be
scheduled by the City for a workweek other than Monday through Friday,
which shall become his/her regular workweek. By mutual agreement between
an employee and !?upervisor, an alternate 40 hour per week work schedule can
be established such as four (4) workdays often (10) hours.
Section 2. Work Schedules. All employees, to the extent consistent with
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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. This section does not prevent an agreement
between an employee and supervisor to a schedule with a different starting
and ending time on different days of the week or month.
Section 3. 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.
Section 4. Meal Periods. To the extent consistent with operating
requirements of the respective departments, a one-half (1/2) hour meal period
shall be scheduled in the middle of the work shift which shall not be paid.
Section 5. Overtime Rates.An employee shall be compensated at the rate
of time and one-half (1-1/2) times the regular rate of pay for all work
performed in excess of 40 hours in a workweek. For the purposes of this
paragraph, holiday hours, vacation hours and sick leave hours shall count as
work performed.
Section 6. Compensatorv Time. 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. Accrued compensatory time shall not exceed forty (40) hours at any
time. Any time in excess of forty (40) hours shall be compensated as pay.
ARTICLE VIII
SICK LEAVE
Section 1. Purpose, Sick leave is provided for the sole purpose of providing
financial security to employees and their families. Under no circumstances
shall the City grant an employee sick leave with pay for time off from City
employment caused by sickness or injury resulting from employment other
than with the City of Ashland. '
Section 2. Accumulation. Sick leave shall be earned for the purposes
stated herein by each eligible employee at the rate of eight (8) hours for each
full calendar month of service, Sick leave may be accumulated to a total of
nine hundred and sixty (960) hours and must be taken for the purposes
specified in Section 3 hereof as a condition precedent to any sick leave
payment. Sick leave shall not continue to accrue during authorized sick leave
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or disability leave in excess of thirty (30) calendar days.
Section 3. Utilization. Employees may utilize their allowance for sick leave
when unable to perform their work duties by reason of illness or injury. In
such event, the employee shall notify the department head or other supervisor
of absence due to illness or injurY, and the nature and expected length thereof,
as soon as possible prior to the beginning of the scheduled regular work shift,
unless unable to do so because of the serious nature of injury or illness. A
physician's statement of the nature and identity of the illness, the need for the
employee's absence and the estimated duration of the absence, may be
required at the option of the City for absences of over two (2) days prior to
payment of any sick leave benefits 'or prior to allowing the employee to return
to work, A physician's statement may be required as a prerequisite to
payment of sick leave for less than three (3) days if the employee has been
advised in advance of such requirement.
The parties agree that when an employee must be away from the job because
of illness in the immediate family, such time off may be granted by the
department head on a day to day basis, and charged against sick leave time
on an hourly basis. If the absence becomes prolonged, such time off may be
charged against accumulated vacation. Employees must keep their
department head informed as to their status to qualify under this provision.
Section 4. InteQration with Worker's Compensation. When an injury
occurs in the course of employment, the City's obligation to pay under this sick
leave article is limited to the difference between any payment received under
Worker's Compensation laws and the employee's regular pay. In such
instances, no charges will be made against accrued sick leave for the first
thirty (30) calendar days.
Section 5. Sick Leave Without Pav. 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 6. 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, for whatever reason. Sick leave shall not accrue
during any period of leave without pay.
Section 7. Pavment for Unused Sick Leave All members of the bargaining
unit may elect to receive 1/3 of their unused annual sick leave accrual,
maximum of 32 hours, as cash on their first paycheck in December, If cash
payment is not elected, the unused portion of sick leave will be added to
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cumulative sick leave balance or converted to accrued vacation at the option of
the employee.
ARTICLE IX
OTHER LEAVES OF ABSENCE
Section 1. Leaves of Absence Without Pay. Leaves of absence
without pay not to exceed 90 days may be granted upon establishment of
reasonable justification and where it is determined that the operation of the
department and/or division will 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,
unless otherwise waived.
Section 2. JUry Dutv. Employees shall be granted leave with pay for
service upon a jury; provided, however, that th'e regular pay of such an
employee for the period of absence shall be reduced by the amount of money
received 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 work day.
Section 3. Aooearances. 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 for such employee shall be reduced by
an amount equal to any compensation they may receive as witness fees.
Section 4. Reauired Court Aooearances. Leaves of absence with pay
shall be granted for attendance in court in connection with an employee's
officially assigned duties, including the time required for travel to the court and
return to the employee's headquarters.
Section 5. Election 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.
Section 6. Union Business. Employees elected or appointed to a'ny
legitimate full-time paid Union office which takes them from their employment
with the City, shall, upon written request of the Union and the employee be
granted a leave of absence of up to one (1) 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
employees, 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
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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 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 (1) 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
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. 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. 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 leave may be granted if the funeral is
over 500 miles from Ashland, one way. In the event that special
circumstances exist requiring additional time away from work, the Department
Head may grant two additional days (maximum five days total) of paid funeral
leave regardless of travel distance to the funeral.
For the purpose of this article, an employee's immediate family shall include
spouse, parent, children, brother, sister, mother-in-law, father-in-law, brother-
in-law, sister-in-law, step child, step parent, adopted child, grandparents,
grandparents-in-Iaw and domestic partners.
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
their 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.
ARTICLE X
COMPENSATION
Section 1. Waae Schedule. Employees shall be compensated in
accordance with the wage 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 wage schedule is established,
the City shall designate a job classification and wage rate for the position and
10
notify the Union, If the Union does not agree that the classification or wage
rate is proper, the Union may submit the issue as a grievance according to the
grievance procedure.
Section 2. 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 time and one-half (1'12) the regular rate of pay for
all work performed in excess of 40 hours in a workweek, but in no event shall
such compensation be received twice for the same hours. All overtime shall be
recorded by the employee and must be approved by the department head or
supervisor.
Scheduled overtime, time annexed to the beginning of the work shift, or hold-
over times annexed to the end of the work shift, shall be considered overtime
and shall not be considered call-back time.
.
Section 3. Call-back Time. Employees called back to work shall receive
overtime pay with a guaranteed minimum of one (1) hour at time and one-half
(1-1/2) for the work for which they are called back. More than one call-back is
permissible within the one (1) hour period. Employees required to work over
the initial call-back period, where more than one call-back is handled, will 'be
paid at the overtime rate to the nearest one-half (1/2) hour.
a. Employees called for duty four (4) hours or more before the
beginning of their regular work day shall be paid at the regular
overtime rate from the time they are called until relieved. If such
an employee has worked a minimum of four (4) hours and has had
less than four (4) hours rest after he/she was relieved, he/she
shall receive the regular overtime rate of time and one-half (1-1/2)
for all hours worked during his/her normal work day.
Employees shall not be required to take time off during any regular
working day for the overtime worked or to be worked.
b, Employees called for duty less than four (4) hours before the
beginning of their regular work day shall be paid at the established
overtime rate from the time they are called until the beginning of
their regular work day. Regular working hours following shall be at
the straight time rate.
Section 4. Pav Periods. Employees shall be paid every other Friday. Pay
periods shall be for fourteen (14) days beginning at 12:01 a.m. on Saturday,
and ending on the 14th day (Friday) at 12:00 midnight, Pay days shall be on
the Friday following the close of each pay period.
11
Section 5. Mileaae, An employee required to report for special duty or
assignment at any location other than his/her permanent reporting location
and who is required to use his/her per50nal automobile for transportation to
such location, shall be compensated at the standard mileage reimbursement
rate established annually by the IRS per mile for the use of such automobile
directly in the line of duty,
Section 6. Soecial Proiect Assianments. Employees assigned to
established special projects, for extended periods of time, which require
substantially increased responsibilities and duties, compared to their normal
assignment and job description, shall receive additional compensation, Prior to
beginning the assignment the employee and his/her supervisor shall discuss
the matter of additional compensation.
Section 7. Certification Pav. Certification pay of five (5%) percent as
follows:
a. The parties above must mutually approve of the program leading
to certification prior to the employee entering into the program.
b. The employee must be working in the field of the certification and
the program must relate to the employee's work.
c. Certification pay will become effective with the first of the month
following the employee's satisfactory completion of the program,
i.e. evidence of satisfactory completion by the institution
acceptable to the parties,
d. Upon mutual agreement of the parties an equivalency must be
considered for an approved program not available locally. Short
term or inadequate programs will not be considered.
ARTICLE XI
DISCIPLINE AND DISCHARGE
Section 1. Discioline. No regular employee as defined in Article XII may be
disciplined except for just cause, 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 just cause
for disciplinary action. Such cause may also include misconduct, inefficiency,
incompetence, insubordination, misfeasance, malfeasance, the willful violation
of department rules or for political activities forbidden by State law.
Section 2. Discipline for just cause may include the following:
12
1. Oral reprimand
2. Written reprimand
3. Demotion
4. Suspension
5. Discharge or dismissal
Section 3. An employee may be suspended from employment, with or
without pay, while charges against the employee are investigated, Such a
suspension may be for no more than five (5) working days, unless mutually
extended by the parties, If the' charges are not cleared completely, a
suspension without pay, or any part of such suspension, may be determined to
be part of the discipline effective the date of suspension.
Section 4. In the event of an offense of such serious nature that immediate
disciplinary action is required, the employee may be suspended immediately
from employment until such charges are investigated and a decision made to
continue, discipline or terminate the employee. If the employee is cleared
completely of the charges, the affected employee will be immediately
reinstated without loss of payor other benefits, If the charges are not cleared
completely, and discharge is the discipline imposed, the termination date will
be the date of suspension.
Section 5. Any disciplinary action imposed upon an employee, if protested,
shall be protested only as a grievance through the regular grievance
procedure, If a department head or other supervisor has reason to discipline
an employee he/she shall make reasonable efforts to impose such discipline in
a manner that will not embarrass or humiliate the employee before other
employees or in public.
Section 6. This Article shall not apply to any employee on probation as
defined in Article XIII.
ARTICLE XII
SETTLEMENT OF DISPUTES
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 supervisor within seventy-two (72) hours of its
occurrence, excluding Saturday and Sunday. The supervisor shall then
attempt to adjust the matter within three (3) working days.
/
13
STEP II. If the grievance has not been settled between the affected
employee and the supervisor, it may be presented in writing by the
Union to the Department Head 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
appropriate Department Head shall respond to the Union representative
in writing within five (5) working days after receipt thereof.
STEP III, If the grievance still remains unadjusted, it may be presented
by the Union to the City Administrator of the City or his/her designee(s),
within seven (7) days after the response specified in Step II is due. The
City Administrator or his/her 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 of the decision of the City Administrator or his/her designee(s)
under Step III have the right to have the matter arbitrated by a third
party jointly agreed 'upon by the City and the Union. If the parties are
unable to agree upon an arbitrator, the American Arbitration Association
or other mutually agreed organization 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 and the process shall
be repeated and the remaining person shall be the arbitrator. The City
and the Union shall meet in a pre-hearing conference and shall prepare a
submission agreement regarding the specific issues in dispute. The
designated arbitrator shall hear both parties as soon as possible on the
disputed matter and shall render a decision within thirty (30) days which
shall be final and binding on the parties and the employee. The
arbitrator shall have no right to amend, modify, nullify, ignore or add
provisions to the Agreement, but shall be 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 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 and all copies.
If any grievance is not presented or forwarded by the employee or Union
within the time limits specified above, such grievance shall be deemed
waived, If any grievance is not answered by the City within the time
limits specified above, such grievance shall be deemed granted,
14
Section 2. Stewards. The Union may select an employee who shall be
known as the steward. The name of the employee selected as steward, and
the names of local Union representatives who may represent employees, shall
be certified in writing to the City by the Union, Duties required by the Union of
a steward, 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 this employee's or
other employees' regular work assignments as employees of the City.
Contacts between the steward and employees or the Union shall be made
outside of working hours so as not to disrupt regular City operations. A
preliminary investigation of an issue that could lead to a grievance can occur
during work hours as long as it can be completed in a reasonable amount of
time and a supervisor, Department Head or Human Resources has been
informally notified prior to the Steward assisting in the investigation.
ARTICLE XIII
SENIORITY
Section 1. Seniority. Seniority shall be a full-time 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 department in the
matter of layoff, recall and vacation. Seniority for regular part-time employees
shall be accrued based on their equivalent number of hours worked rather than
on calendar months or years (for example, a regular part-time employee who
started work on January 2nd and worked exactly 30 hours every week, would
have nine months seniority as of the next January 2nd).
In the event of layoff, such employee may exercise his/her seniority in a lower
job classification within the department provided that employee is qualified by
prior training or experience to do the work of the lower job classification.
Recall from layoff shall be in the reverse order of seniority. The City reserves
the right to layoff out of the order of seniority if in the City's judgment,
retention of special job skills is required. Seniority shall continue to accrue
during, 1) authorized sick leave or disability leave up to ninety (90) calendar
days; 2) vacation leave; 3) authorized compensatory time off; 4) educational
leave required by the City; 5) funeral leave; 6) jury duty; and 7) promotion to
a supervisory position outside of the bargaining unit for two (2) years.
Section 2. SusDension of Seniority. Seniority shall be retained, but shall
not continue to accrue during 1) authorized sick leave or disability leave in
excess of ninety (90) calendar days; 2) educational leave requested by the
employee; 3) military leave; or 4) other authorized leaves of absence up to
15
ninety (90) calendar days.
Section 3. Termination of Seniority, Seniority and the employment
relationship shall be broken or terminated if an employee 1) quits; 2) is
discharged for just cause; 3) is absent from work for three (3) consecutive
working days without notification to the City; 4) is laid off and fails to report to
work within three (3) days after being recalled, 5) is laid off from work for any
reason for twenty-four (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 4. Probationary Period. The probationary period is an integral part
of the employee selection process and provides the City with the opportunity to
upgrade and improve the department by observing a new employee's work,
training, aiding new employees in adjustment to their positions, and by
providing an opportunity to reject any employee whose work performance fails
to meet required work standards, Every new employee hired into the
bargaining unit shall serve a probationary period of twelve (12) full months
after which they 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, and the assignment to educational courses and training
programs, the requirement that such employees attend training programs on
their off-duty time for which they will be compensated on a straight-time basis
by the granting of compensatory time off. Termination of a probationary
employee shall not be subject to the grievance procedure under Article XII.
,
Section 5. Promotional Probationary Period. Regular employees
promoted into a higher classification shall serve a promotional probationary
period of six (6) full months. The Union also recognizes the right of the
employer to demote an employee on promotional probationary status to the
highest previous position. Demotion of an employee on promotional
probationary status shall not be subject to the grievance procedure under
Article XII.
Section 6. Layoff and Recall. Recall from layoff exceeding five (5) work
days 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 7. Trainina Opportunities. In order to encourage advancement
16
within City employment, employees and their supervisors are encouraged
during the evaluation process to discuss training opportunities available to the
employee to update skills or develop additional skills to qualify for promotion.
Section 8. Job Announcements. The City agrees to post announcement of
vacancies in full-time positions within this unit in City Hall in the employee's
lunchroom and upstairs on the bulletin board in the foyer at the top of the
stairs for a minimum of five (5) working days prior to the final filing date for
the position.
Section 9. ReQular Emolovee. A regular full-time employee is one hired for
an indefinite tenure, not limited at time of hire by a stated term or for a
specific project.
Section 10. A regular part-time employee is one whose regular workweek is
twenty (20) hours or more, not limited at time of hire by a stated term or for a
specific project. Regular part-time employees' cumulative work hours shall
not exceed thirty (30) hours per week, except relief for a regular full-time
employee who is expected to return (i.e., vacation, sick leave, etc.) or unless
hours are extended by mutual agreement.
Section 11. ReQular Part-Time Emolovee Benefits. Regular part-time
employees shall accrue and be allowed vacation and sick leave with pay on a
pro-rated schedule, based on their hours worked using the hourly equivalent
accrual rate for full-time employees, holiday pay only if the holiday occurs
during their normally scheduled hours, and premiums for the employee only
paid by the City for health related insurance.
Section 12. Part-Time and Temoorarv Emolovee Comoensation and
ProbationarY Period. Part-time and temporary employees in a classification
covered by this Agreement shall be compensated in accordance with this
Agreement.
ARTICLE XIV
GENERAL PROVISIONS
Section 1. No Discrimination. The provisions of this Agreement shall be
applied equally to all employees in the bargaining unit without discrimination
as to race, creed, color, sex, age or national origin. The Union shall share
equally with the City the responsibility for applying the provisions of this
section. All reference to employees in this Agreement designate both sexes,
and whenever the male gender is used it shall be construed to include the male
and female employees. Employees shall have the right to form, join, and
participate in the activities of the Union or any other labor organization, or to
refrain from any or all such activities, and there shall be no discrimination by
either the City or the Union by reason of the exercise of such right except as
17
specifically provided herein. Nothing in this Agreement shall be construed as
precluding or limiting the right of an individual employee to represent them self
in individual personal matters.
Section 2. Bulletin Boards. The City agrees to furnish and maintain a
suitable bulletin board in a convenient place in the work or assembly area to be
used by the Union. The Union shall limit its postings of Union notices and
bulletins to such bulletin board, which shall be used only for the following
Union notices and ,bulletins:
a. Recreational and social affairs of the Union
b. Union meetings
c. Union elections
d. Reports of Union committees
e. Rulings or policies of the International Union
Section 3. Visits bv Union Representatives. The City agrees that
accredited representatives of the International Brotherhood of Electrical
Workers, Local Union 659, upon reasonable and proper introduction, may have
reasonable access to the premises of the City at any time during working hours
for the purpose of assisting in the administration of this Agreement, if they first
obtain permission to do so from the City Administrator or his/her designated
representative,
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. ExistinQ Conditions. Only such, existing and future working rules
and benefits as are specifically covered by the terms of this Agreement shall be
affected by recognition of the Union and 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. Other Emplovment. Outside employment shall be permitted
only with the express prior written approval of the City, which may at any
time, upon reasonable grounds, revoke permission to hold such outside
employment.
Section 7. 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 emergency, or when 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, or for purposes of instruction or training.
18
Section 8. Uniforms. Protective Clothina and Devices, If an employee is
required to wear a uniform, protective clothing or use any type of protective
device, such article shall be provided, maintained and cleaned by the City,
Replacements shall be provided by the City upon surrender of the article, at no
cost to the employee. 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 device as
prescribed by the City shall be cause for disciplinary action as set forth in
Article XI hereof.
ARTICLE XV
CLASSIFICATIONS - WORK RULES - SAFETY
Section 1. Classifications and Descriptions, The general classifications of
labor which shall be recognized throughout this Agreement, shall be those set
forth in "Appendix A."
Section 2. Safety Rules. The Federal regulations and the Safety Rules of
the State shall be observed and copies shall be made available by the City and
the Union. The rules provide the minimum standards of safety to be observed
by the City and the employee.
ARTICLE XVI
HEALTH. WELFARE 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 of this 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 Uhion and City of Ashland shall
mutually agree on a new plan, Those plans and employee/family coverage
levels are:
(a) Blue Cross/Blue Shield of Oregon Plan V-A PPP Health Insurance
- employee and family coverage through December 31, 2009,
*Effective January 1, 2010, the union agrees to change to Blue
Cross/Blue Shield of Oregon Plan V-B PPP with a $200
19
deductable.
(bl ODS Dental Plan III - employee and family coverage.
(c) Vision Services Plan - employee and family coverage.
(d) Life Insurance - employee ($20,000) and dependent ($1,000)
coverage.
(e) Long Term Disability Insurance - employee only.
(f) City paid reimbursement for routine physical exams for
employee/dependents, if such coverage is not provided by (a),
above:
Age 2-18 once every 3 years up to $100.
Age 19-34 once every 5 years up to $175,
Age 35-59 once every 2 years up to $175.
Age 60+ once every year up to $175.
(g) City paid reimbursement for routine well-baby care, if such
coverage is not provided in (a), above, to include first in-hospital
exams; six doctor's office exams the first year; three exams the
second year up to $100 each exam (includes exam, inoculations
and x-ray expenses). .
(h) Mercy Flights' insurance for flight transport only - family coverage.
If an employee desires to upgrade the insurance plan to provide
for all medical transport, City agrees to administer payment of the
additional premium through a payroll deduction.
(i) Participation in an IRC 9125 plan for pre-tax health insurance
premium contributions and flexible spending account options for
eligible health and dependent care expenses.
Section 2 Insurance Committee. The Union and the City jointly recognize
the escalating 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 its existing Retirement
Plan, subject to the terms and provisions thereof, as it applies to regular
employees in the bargaining unit. Upon retirement, one-half (1/2) of unused
sick leave will be applied to retirement as provided in ORS. The City will
assume or pay the employee contribution required by ORS 237.071 for all
20
employees covered by this Agreement at a uniform rate of six percent (6%).
Section 4. Medical CoveraQe for Retirees, Any employee retiring after
July 1, 1992, and before June 30, 2006, with twenty (20) or more years of full-
time service with the City, and who is age 60 or older, shall be eligible for a
monthly payment of $60.20 towards Blue Cross MediCheck 65 insurance
, coverage or its equivalent. This payment shall be available to age 65 and must
be requested by the employee in writing no later than 90 days following the
date of retirement and no sooner than 90 days prior to the date of retirement,
A joint committee of two members from the City and two members of the
Union will meet and review annually the retiree medical payments during the
term of the Agreement with the intent of mutual consent to improvements in
that program.
Section S. Deferred Comoensation. The City agrees to contribute up to
$30.00 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 matching contribution paid by
the member.
Section 6 HRA-VEBA CONTRIBUTION The City will begin contributing 1% of
salary into HRA-VEBA for each member of the bargaining July 1, 2009,
Section 7. P.E.R.S. Initial Six Month WaitinQ Period. If a member of the
unit retires with 20 years of continuous service with the City and the employee
has only one P,E.R.5. waiting period, the City shall fund the purchase of the
P.E,R.5. initial six month waiting period upon retirement.
ARTICLE XVII
WORKER'S COMPENSATION
Section 1. Worker's Comoensation. 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. Suoolementarv Payment. Compensation paid by the City for a
period of sick leave also covered by Worker's Compensation shall be equal to
the difference between the Worker's Compensation pay for lost time and the
employee's regular wage rate.
ARTICLE XVIII
LIABILITY INSURANCE
21
The City shall purchase liability insurance in the maximum amounts 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 premium for such insurance shall by paid by the City.
ARTICLE XIX
SAVINGS CLAUSE AND FUNDING
Section 1. Savinas 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. Fundina. 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. 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 request or voter approval
thereof.
ARTICLE XX
TERMINATION & REOPENING
This Agreement shall be effective as of the 1st day of July, 2009 and shall
remain in full force and effect until the 30th day of June, 2012 and shall
terminate all prior Agreements and practices and concludes all collective
bargaining during the term of this Agreement, and provided that:
On June 30th of 2010 and June 30th of 2011 the Agreement may be opened to
renegotiate the terms and conditions of wages and the HRA-VEBA contributions
only. Either party wishing to initiate a re-opener on either of the items
stipulated shall notify the other party in writing prior to January 1st of 2010
and 2011.
This Agreement shall be automatically renewed from year to year thereafter
22
::.
unless either party shall notify the other in writing not later than ninety (90)
days prior to the expiration or subsequent anniversary date that it wishes to
modify this 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 thirty (30) days after said notice, This
Agreement shall remain in full force and effect during the period of
negotiations.
23
APPENDIX "A"
Building Inspector
Engineering Technician III/Assistant Surveyor
Staff Accountant/Project Coordinator
Associate Planner/Housing Program Specialist
Engineering Assistant
Account Representative
Engineering Technician II/GIS Specialist
Conservation Analyst
Assistant Planner
Computer Technician
Engineering Technician I/GIS Data Technician
Account Clerk II
Account Clerk I
Secretary'
Clerk II
Clerk I
Code Compliance Specialist
24
Buildinq Inspector
First 6 month
Next 12 months
Next 12 months
Next 12 months
Rate Thereafter
APPENDIX "B:
CLERICAL/TECHNICAL
WAGE SCHEDULE
7/1/09
Hourly
$23.5252
$24.9148
$26.4678
$28.0477
$29.7369
Enqineerinq Tech 1111 Assistant Surveyor
First 6 months
Next 12 months
Next 12 months
Next 12 months
Rate Thereafter
$24.7196
$25.9425
$27.2573
$28.6247
$30.0449
Staff Acctl Pro] Coord
First 6 months
Next 12 months
Next 12 months
Next 12 months
Rate Thereafter
$22.6671
$24.0157
$25.4596
$26.9853
$28.8927
Associate Planner
First 6 months
Next 12 months
Next 12 months
Next 12 months
Rate Thereafter
$21.5773
$22.7488
$23.8930
$25.3506
$26.6311
Housinq Proqram Spclst
First 6 months
Next 12 months
Next 12 months
Next 12 months
Rate Thereafter
$23.5501
$24.8987
$26.2225
$27.9298
$29.4145
25
...
EnClineerinCl Assistant( 1)
First 6 months
Next 12 months
Next 12 months
Next 12 months
Rate Thereafter
7/1/09
Hourly
$21.5773
$22.7488
$23.8930
$25.3506
$26.6311
Account Representative
First 6 months
Next 12 months
Next 12 months
Next 12 months
Rate Thereafter
EnClineerinCl Tech II/GIS Specialist
First 6 months
Next 12 months
Next 12 months
Next 12 months
Rate Thereafter
$21.1278
$22.7488
$23.8930
$25.3506
$26.6311
$20.2425
$21.5366
$22.8578
$24.2201
$25.6366
Conservation Analyst
First 6 months
Next 12 months
Next 12 months
Next 12 months
Next 12 months
Rate Thereafter
$16.9356
$19.8809
$21.9057
$23.2074
$24.5750
$26.1265
Assistant Planner
First 6 months
Next 12 months
Next 12 months
Next 12 months
Rate Thereafter
$16.9595
$18.0220
$19.0845
$20.2425
$21.4819
26
....
Computer Technician
First 6 months
Next 12 months
Next 12 months
Next 12 months
Rate Thereafter
EnClineerinCl Tech I
First 6 months
Next 12 months
Next 12 months
Next 12 months
Rate Thereafter
7/1/09
Hourly
$18.6317
$19.5653
$20.5513
$21.5770
$22.6684
$16.2781
$17.2642
$18.2807
$19.4114
$20.6238
Account Clerk II (includes Court Clerk II)
First 6 months
Next 12 months
Next 12 months
Next 12 months
Rate.Thereafter
Account Clerk I (includes Court Clerk I)
First 6 months
Next 12 months
Next 12 months
Next 12 months
Rate Thereafter
Secretary
First 6 months
Next 12 months
Next 12 months
Next 12 months
Rate Thereafter
27
:'
$18.6624
$19.6446
$20,6787
$21.7671
$22.9129
$14.9843
$15.7607
$16.7824
$17.8040
$18.8802
$14.2759
$15.1205
$16.0331
$17.0004
$18.0630
7/1/09
Hourly
Clerk II
First 6 months
Next 12 months
Next 12 months
Next 12 months
Rate Thereafter
$13.2952
$14.0445
$14.9435
$15.8288
$16.7824
Clerk I
First 6 months
Next 12 months
Next 12 months
Next 12 months
Rate Thereafter
$11.4969
$12.1373
$12.8456
$13.6764
$14.4531
Code Compliance Spclst
First 6 months
Next 12 months
Next 12 months
Next 12 months
Rate Thereafter
$16.5644
$17.4499
$18.3761
$19.3297
$20.3513
28
~ "'- ~'.r
Wages shall be adjusted in accordance with the following:
Both parties agree to no Cost of Living Adjustment July1, 2009, but will have the
option to re-open the contract for wages and HRA VEBA contributions June 30th of
2010 and June 30th 2011.
NOTE: All rates are salary hours. Monthly rates are for information purposes only.
CITY OF ASHLAND, OREGON
~.. / >
By: '--- ;u ~ .-'//,#-,-,~c:f
M rtha Bennitt. City Administrator
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL UNION
#659
By:
usiness Mana er
1/30/09
.
Date:
~ ft,fN7
.
APPROVED: International Office IBEW,
Washington, D.C.
By:
Date:
APPROVED
IHTERIlATlOHAI. OfFICE -I. B. E. W.
AUG 2 5 2009'
..... Edv.ln O. HiD, Pnlsldent
, "s Dpprova/ does IIOt make 1he
International a pany to this ~
29