HomeMy WebLinkAbout2011-271 Agrmt - Laborers Local 121 AGREEMENT
BETWEEN
THE CITY OF ASHLAND, OREGON
and
DISTRICT COUNCIL OF LABORERS
and
LABORERS UNION LOCAL 121
July 1 , 2011 - June 30, 2014
TABLE OF CONTENTS
PREAMBLE......................................................................................................................................... 5
SCOPE OF AGREEMENT.................................................................................................................. 5
ARTICLE I— RECOGNITION.............................................................................................................. 5
ARTICLE II- UNION SECURITY AND CHECK-OFF.......................................................................... 6
Section 1. Union Security ...................................................................................................... 6
Section 2. Check-off for Union Members .............................................................................. 6
Section 3. Check-off for Non-Members ................................................................................. 6
Section4. Indemnification . .................................................................................................... 6
ARTICLE III - MANAGEMENT RIGHTS............................................................................................. 7
ARTICLE IV- STRIKE AND LOCKOUT PROHIBITION.................................................................... 8
ARTICLE V- HOLIDAYS .................................................................................................................... 8
Section 1. Recognized Holidays ............................................................................................ 8
Section2. Holiday Pay .. ......................................................................................................... 9
Section3. Holiday Work ........................................................................................................ 9
ARTICLE VI -VACATIONS................................................................................................................. 9
Section1. Eligibility :............................................................................................................... 9
Section 2. Continuous Service . ............................................................................................ 9
Section 3. Use of accrued vacation time .............................................................................. 9
Section 4. Accrual Notification ............................................................................................. 10
Section5. Scheduling .........................:................................................................................ 10
Section 6. Payment on Termination...................................................................................... 11
ARTICLE VII - HOURS OF WORK................................................................................................... 11
Section1. Workweek ........................................................................................................... 11
Section2. Hours. ................................................................................................................... 11
Section 3. Work Schedules ................................................................................................. 11
Section4. Rest Periods ....................................................................................................... 11
Section5. Meal Periods ....................................................................................................... 12
ARTICLEVIII - SICK LEAVE ............................................................................................................ 12
Section1. Accumulation ...................................................................................................... 12
Section 2. Utilization for Illness or Injury ............................................................................. 12
Section 3. Integration with Worker's Compensation ........................................................... 12
Section 4. Sick Leave Without Pay ...........................:......................................................... 12
Section5. Termination ......................................................................................................... 13
2011-2014 Laborer's Contract Page 2
Section 6. Compensation for Not Using Sick Leave ........................................................... 13
Section 7. Use for Family Illness........................................................................................... 13
ARTICLEIX - FUNERAL LEAVE...................................................................................................... 13
Section1. Funeral Leave ..................................................................................................... 13
ARTICLE X - OTHER LEAVES OF ABSENCE................................................................................ 13
Section 1. Leaves of Absence Without Pay ........................................................................ 13
Section2. Jury Duty .............................................................................................................. 14
Section3. Appearances ...................................................................................................... 14
Section 4. Required Court Appearances ........................................................................... 14
Section5. Election Day ....................................................................................................... 14
Section6. Union Business .................................................................................................. 14
Section 7. Educational Leave .............................................................................................. 14
Section8. Military Leave ..................................................................................................... 15
Section 9. Failure to Return From Leave ............................................................................ 15
ARTICLEXI - COMPENSATION ...................................................................................................... 15
Section1. Pay Schedule ..................................................................................................... 15
Section2. Pay Periods ........................................................................................................ 16
Section3. Call-Back Time ................................................................................................... 16
Section4. Overtime ............................................................................................................. 16
Section 5. Over-time Compensation ................................................................................... 16
Section6. Standby Pay .................. .................................................................................. 16
Section 7. Certification-Pay...............................................................................:................... 17
Section8. Mileage . .............................................................................................................. 17
Section 9. Working Out of Class . ........................................................................................ 17
ARTICLE XII - DISCIPLINE AND DISCHARGE............................................................................... 18
Section1. Discipline ............................................................................................................ 18
Section2. Discharge . .......................................................................................................... 18
ARTICLE XIII - SETTLEMENT OF DISPUTES................................................................................ 18
Section 1. Grievance and Arbitration Procedure. ................................................................ 18
Section2. Stewards ............................................................................................................. 20
ARTICLEXIV- SENIORITY.............................................................................................................. 20
Section 1. Seniority ................................................................Error! Bookmark not defined.
Section 2. Probationary Period ..............................................Error! Bookmark not defined.
Section 3. Promotional Probationary Period .........................Error! Bookmark not defined.
Section 4. Promotional Opportunities ....................................Error! Bookmark not defined.
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Section 5. Recall From Layoff. ................................................Error! Bookmark not defined.
Section 6. Temporary Employees .........................................Error! Bookmark not defined.
ARTICLE XV- GENERAL PROVISIONS.:....................................................................................... 22
Section 1. No Discrimination . .............................................................................................. 22
Section 2. Bulletin Boards ................................................................................................... 23
Section 3. Visits by Union Representatives . ....................................................................... 23
Section4. Solicitation............................................................................................................ 23
Section 5. Existing Conditions ............................................................................................. 23
Section6. Rules ....................................................................... ........................................ 23
Section 7. Other Employment ............................................................................................. 24
Section 8. Supervisory Employees ...................................................................................... 24
Section 9. Uniforms, Protective Clothing and Devices ....................................................... 24
Section 10. Response Time Requirement .......................................................................... 24
Section 11. Safety Committee ............................................................................................. 24
Section 12. Training Opportunities ...................................................................................... 24
Section 13. Temporary Employees ..................................................................................... 24
ARTICLE XVI - HEALTH, WELFARE AND RETIREMENT............................................................. 24
Section 1. Health and Welfare . ........................................................................................... 25
Section 2. Insurance Committee ......................................................................................... 26
Section3. Retirement .......................................................................................................... 26
Section 4. Deferred Compensation ..................................................................................... 26
ARTICLE XVIII -WORKER'S COMPENSATION............................................................................. 26
Section 1. Worker's Compensation ..................................................................................... 26
Section 2. Supplementary Payment .................................................................................... 26
ARTICLE XIX - LIABILITY INSURANCE.............................................:............................................ 26
Section 1. Liability Insurance ............................................................................................... 26
Section 2. Property Insurance ............................................................................................. 26
ARTICLE XX - SAVINGS CLAUSE AND FUNDING........................................................................ 27
Section1. Savings Clause . .................................................................................................. 27
Section2. Funding ............................................................................................................... 27
ARTICLE XXI -TERMINATION AND REOPENING ........................................................................ 28
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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, 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 Council or their designee(s) as the officials directly responsible for the operation of
the department(s) covered by this Agreement. The purpose of this Agreement is to set'
forth the 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 — RECOGNITION
The City recognizes the Union as the sole and exclusive bargaining agent for the
purpose of establishing rates of pay, hours of work and other conditions of employment
for all employees within the bargaining unit described immediately above.
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ARTICLE 11- UNION SECURITY AND CHECK-OFF
Section 1. Union Security. The terms of this Agreement have been made for all
employees in the bargaining unit and not only for the members of the Union.
Accordingly, it is fair that each employee in the bargaining unit pay his/her own way and
assume his/her obligation along with the grant of equal benefits. Any employee in the
bargaining unit who has not 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.
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
• contribution of an amount of money equivalent to regular Union membership dues to
• 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
(15th) of the succeeding month to the official designated by the Union in writing to
receive such deductions. The Union will notify the City in writing of the exact amount of
such 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 of the 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. Indemnification. The Union agrees to indemnify and hold the City
harmless against any and all claims, orders, or judgments brought or issued against the
City as a result of any action taken or not taken by the City under the provisions of this
article. Upon written notification by the Union of a check-off error, the City will make
adjustments within sixty (60) days of receipt of such notification.
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ARTICLE III —MANAGEMENT RIGHTS
Union recognizes the prerogative of City to operate and manage its affairs in all
respects in accordance with its responsibilities, and the powers or authority which City
has not expressly abridged, delegated or modified by this Agreement are retained by
City. It is understood and agreed that City possesses the sole and exclusive right to
operate the City through its City Administrator and department heads and that all
management rights repose in it, but such rights must be exercised consistent with the
other provisions of this contract. These rights include but are not limited to the following:
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.
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.
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ARTICLE IV - STRIKE AND LOCKOUT PROHIBITION
Section 1. The Union and its members, as individuals or as a group, will not initiate,
cause, permit or participate or join in any strike, work stoppage, or slowdown, picketing,
or any other restriction of work at any location in the City. Employees in the bargaining
unit, while acting in the course of their employment, shall not honor any picket line
established in the City by the Union or by any other labor organization when called
upon to cross the picket line in the line of duty. Disciplinary action, including 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.
ARTICLE V - HOLIDAYS
Section 1. Recognized Holidays. 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.
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Section 2. Holiday 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. Holiday 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 1. Eligibility. An employee shall be eligible to take accrued vacation leave
with pay after one (1) full year of continuous service. Vacation leave shall accrue on a
monthly basis. 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. Continuous 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 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. Use of accrued vacation time. Each year, an employee may use accrued
vacation time to take time off or to carry forward to the next year. The following rules
apply:
Section 3.1. After the first year of employment, an employee can use vacation for time
off as soon as the vacation time has been earned.
Section 3.2. The employee must use at least 75% of his/her annual vacation accrual
for time off. Example: an employee who earns 16 vacation days per year (10.67 hours
per month) must take at least twelve (12) days of vacation time off during the year.
2011-2014 Laborer's Contract Page 9
Section 3.3. Vacation time that is not used for time off will carry forward to the next
year.
Section 3.4. An employee cannot accumulate at any time more vacation time than two
times his/her annual vacation accrual. Example: an employee who earns 16 vacation
days per year(10.67 hours per month) may accumulate up to thirty-two (32) days of
vacation.
Section 3.5. If an employee has the maximum amount of vacation accumulated, no
more vacation time is earned until the employee has used some of the accumulated
vacation time.
Section 4. Accrual Notification. The City shall notify an employee thirty (30) days in
advance of impending loss of accrued vacation time. The employee and supervisor will
immediately discuss when the employee can take time off so as to avoid any loss of
vacation time. If the City is unable to release the employee within that thirty day period
to take vacation time off, the vacation time which exceeds the accrual maximum will, by
mutual agreement between the supervisor and the employee, either be cashed out or
the employee will be allowed to carry it forward until the employee can take the time off.
Section 4.1 Accrual Limitations. Vacation leave 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 leave because of accrual
limitations may, by notifying his/her supervisor fifteen (15) days in advance, absent
himself/herself to prevent loss of vacation leave. Such action taken by the employee
shall not constitute a basis for disciplinary action or loss of pay. The City shall notify an
employee thirty (30) days in advance of impending loss of accrued vacation time. 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 5. Scheduling. 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. 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
2011-2014 Laborer's Contract Page 10
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, then that employee may accumulate and carry over
five (5) working days of vacation time into a subsequent year.
Section 6. Payment on Termination. In the event of the 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) months, and is otherwise eligible for vacation
credits, the employee shall be entitled to payment for accrued 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
Section 1. Workweek. The workweek, to the extent consistent with operating
requirements of the departments covered by this Agreement, and recognizing the
necessity for continuous service by such departments throughout the week, shall
consist of five (5) consecutive days as scheduled by the Department Heads or other
responsible authority.
Section 2. Hours.
a: Treatment plant operators shall be scheduled for eight (8) consecutive hours
(including 1/2 hour for a meal period) which shall be paid. Treatment 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 112 hour
for a meal period which shall be paid.
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.
2011-2014 Laborer's Contract Page 11
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 2. Utilization for Illness or Iniury. Employees may utilize their allowance for
sick leave when unable to perform their work duties by reason of illness or injury. In
such event, the employee shall notify the department head or other supervisor of
absence due to illness or injury, the nature and expected length thereof, as soon as
possible 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. Integration 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, 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 daffy 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
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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 without
pay.
Section 6. Compensation for Not Using Sick Leave. Employees 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 employee's cumulative sick leave balance or converted to
accrued vacation at the option of the employee.
Section 7. Use for Family Illness.
An employee may be granted leave to care for an ill or injured family member in
accordance with applicable federal and state Family & Medical Leave Laws.
For the purpose of this Section, family member shall include any family member
recognized under the Oregon and/or Federal Family and Medical Leave Acts.
ARTICLE IX - FUNERAL LEAVE
Section 1. 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,
brother-in-law, sister-in-law, mother-in-law, father-in-law, grandparents and
grandparents-in-law. 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.
ARTICLE X - OTHER LEAVES OF ABSENCE
Section 1. Leaves of Absence Without Pay. 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.
2011-2014 Laborer's Contract Page 13
Section 2. Jury Duty. Employees shall be granted leave with pay for service upon a
jury; provided, however, that the regular pay of such an employee for the period of
absence shall be reduced by the amount of money received by him/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. Required Court Appearances. Leaves of absence with pay shall be
granted for attendance in court in connection with an employee's officially assigned
duties, including the time required for travel to the court and return to the employee's
headquarters.
Section 5. Election Day. Employees shall be granted two (2) hours to vote on any
election day only if, due to scheduling of work, they would not otherwise be able to vote.
Section 6. Union Business. Employees elected to any legitimate full-time paid Union
office which takes them from their employment with the City, shall upon written request
of the Union and the 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
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 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.
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Section 8. Military Leave. Military leave shall be granted in accordance with Oregon
Revised Statutes.
Section 9. Failure to Return From Leave. Any employee who is granted a leave of
absence and who, for any reason, fails to return to work at the expiration of said leave
of absence, shall be considered as having resigned his/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.
ARTICLE XI - COMPENSATION
Section 1. Pay Schedule. Employees shall be compensated in accordance with the
pay schedule attached to this Agreement and marked Appendix "B" which is hereby
incorporated into and made a part of this Agreement. When any position not listed on
the pay schedule is established, the City shall designate a job classification and pay
rate for the position. The Union shall be notified and the pay rate established by the City
shall be considered tentative until the Union has been afforded the opportunity to meet
and discuss the matter. If the Union does not agree that the classification or pay rate is
proper, the Union may submit the issue as a grievance according to the grievance
procedure.
The Following Wage Rate Increases shall be applied:
Effective July 1, 2011 the City will:
• Implement new job classification titles and salary changes based on a
comprehensive classification and compensation study conducted by the City.
Employees in job classifications identified as under market will be advanced to a
step in the new salary range for their position that offers a salary increase.
Employees who are over market will not suffer a loss in pay, but rather will be
frozen at current rate until the market catches up to their salary.
• Increase City contribution into HRA-VEBA by 1% for each member of the
bargaining unit.
Effective July 1, 2012 and 2013:
The City and union agree to apply 2% to the salary schedule for all positions in the
bargaining unit. If the CPI is 3.5% or higher per the US CPI-W, previous years March to .
March average, both parties agree to re-open negotiations under Article XI to negotiate
the wage increase to take effect on July 1 of that year.
2011-2014 Laborer's Contract Page 15
In the event that the City grants or negotiates a VEBA contribution of more than 2% to
any other employee group at the City during the life of this contract, the City agrees to
apply the same HRA-VEBA contribution, at the same time, to members of the Laborer's
Union.
Section 2. Pav 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 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. Over-time Compensation. 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 pay or 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 Pay. Standby pay shall be 6% of an employee's regular monthly
rate. If a holiday occurs during such period, an additional 3% of the employee's regular
monthly rate shall be paid to such employee.
2011-2014 Laborers Contract Page 16
Section 7. Certification-Pa V.
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) Any one 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 = $0.35-per hr.
(6) Erosion Control Certification = $0.25 per hr.
(7) Pre-Need Sales Certification = $0.25 per hr. (Limited to two employees
actively working in the Cemetery Division.)
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.
Employees may receive pay for more than one certification, but pay for
combined certifcations may not exceed $0.50/hr. To be eligible for certification
pay, an employee must obtain prior approval from his or her supervisor.
Section 8. Mileage. 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 personal automobile for transportation to such location shall be compensated at
the mileage reimbursement rate established annually by the IRS.
Section 9. Working Out of Class. 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 two classification upgrade and 15% for a three classification
upgrade for the actual hours worked in the higher classification.
2011-2014 Laborer's Contract Page 17
ARTICLE XII - DISCIPLINE AND DISCHARGE
Section 1. 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
concerning suspension or discharge, or both, at Step 11 of the grievance procedure.
ARTICLE XIII - 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:
2011-2014 Laborer's Contract Page 18
Step I. The affected employee shall take up the grievance or dispute with the
employee's division head or supervisor within seventy-two (72) hours of its occurrence,
excluding Saturday and Sunday. Such employee may be accompanied by the Steward,
if he/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.
2011-2014 Laborer's contract Page 19
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 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 three (3) in number.
The names of the employees selected as Stewards, and the names of local Union
representatives, state council or 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 initiated 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.
ARTICLE XIV — SENIORITY (Language taken from MOU dated 3-12-09)
Section 1. Seniority- 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 any division he/she has previously worked. If the employer
determines that a layoff requires seniority to be bypassed in order to retain an
2011-2014 Laborer's Contract Page 20
employee with a skill not possessed by others in the division, the employer shall notify
the union at least 10 working days prior to implementation. The matter shall be subject
to the grievance procedure.
Seniority shall accrue separately for each division he/she works in. "Division" shall be
defined as:
Water Distribution
Water Treatment
Wastewater Collections
Wastewater Treatment Plant
Storm water Collections
Street Operations/Maintenance
Facilities
Cemetery
Equipment Maintenance
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 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 of 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 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 he/she shall be considered a regular employee and granted
2011-2014 Laborer's Contract Page 21
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 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. If two or more present employees who apply for the vacancy are equally
qualified, seniority shall govern. If a present employee and an outside applicant are
equally qualified, the present employee shall receive the appointment. Employees who
are promoted shall not suffer a reduction in wages. The City shall be the judge of an
employee or applicant's qualifications.
Section 5. Recall From Layoff. Recall from layoff exceeding five (5) 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. Temporary Employees. 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 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,
2011-2014 Laborer's Contract Page 22
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 2. Bulletin Boards. The City agrees to furnish and maintain a suitable bulletin
board in a convenient place in the work or assembly area to be used by the Union. The
Union shall limit its postings of Union notices and bulletins to such bulletin board, which
shall be used only for the following Union notices and bulletins:
a. Recreational and social affairs of the Union.
b. Union meetings.
C. Union elections.
d. Reports of Union committees.
e. Rulings or policies of the International Union.
Section 3. Visits by Union Representatives. The City agrees that accredited
representatives of the District Council of Laborers and Laborers Union, Local #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. Existinq Conditions. Only such existing and future work rules and benefits
as are specifically covered by the terms of this Agreement shall be affected by
recognition of the Union and the execution of this Agreement. It is further agreed that if
modification of work rules or benefits covered by a specific provision of this Agreement
is proposed, any such modification shall be posted prominently on all bulletin boards for
a period of seven (7) consecutive days prior to implementation.
Section 6. Rules. It 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.
2011-2014 Laborer's Contract Page 23
Section 7. Other Employment. Outside employment shall be permitted only with the
express prior written approval of the City.
Section 8. Supervisory Employees. It is understood that supervisory employees not
covered under this Agreement shall not perform work within the 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. Uniforms, Protective Clothing 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, if exposed to chemical or
biohazard that require special cleaning. Employees may be provided with routine
clothing items such as shirts, jackets or hats imprinted with the City's logo for easy
identification in the field; however, cleaning and maintenance of routine clothing items
shall be the responsibility of the employee unless.special cleaning is required as
described above. The City will continue to honor any agreements made with
employees prior to 7/1/2011 regarding the cleaning of non-protective clothing items.
Employees may receive reimbursement of up to $100 every other year, maximum of
$200 per contract period, toward the cost of the purchase or repair of protective
footwear. 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 Time 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.
Section 11. Safety Committee. The City and Union will comply with all state and
federal laws on this subject.
Section 12. Training Opportunities. On-the-job training may be provided by the City
as time and the work load permit.
Section 13. Temporary Employees. 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 - HEALTH, WELFARE AND RETIREMENT
2011-2014 Laborers Contract Page 24
Section 1. Health and Welfare. The City agrees to pay ninety-five percent (95 0/6) 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 Union and City of Ashland shall mutually agree on a new plan.
(a) PacificSource Health Plan comparable to Blue Cross/Blue Shield of
Oregon Plan V-B Participating Provider Health Insurance with a $200
Deductible - employee and family coverage.
Effective July 1, 2011, the City agrees to contribute an additional 1% (2%
total contribution) of salary for each member of the bargaining unit into an
HRA-VEBA program for the duration of the contract.
(b) PacificSource Dental Plan comparable to Oregon Dental Service (ODS)
Dental Insurance Plan III — employee'and family coverage, or Willamette
Dental Plan.
(c) Pacific Source Vision Plan comparable to Vision Services Plan (VSP)-
employee and family coverage.
(d) Life Insurance - employee ($10,000) 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:
Ages 2-18 Once every 3 years up to $100 ?
Ages 19-34 Once every 5 years up to $175
Ages 35-59 Once every 2 years up to $175
Ages 60+ Once every year up to $175
(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) $30.00 per month shall be contributed by the City to the Deferred
Compensation plan of employee's choice whether the employee elects to
contribute his or her personal funds to the plan or not. This contribution
recognizes benefit concessions made in prior negotiations that were
intended to go toward annual insurance deductible cost.
2011-2014 Laborer's Contract Page 25
(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
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 the existing retirement plan and to
pay the employee's contribution of 6% for all employees governed by the agreement.
Section 4. Deferred Compensation. 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 COMPENSATION
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 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 worker's compensation pay for lost time and the employee's regular pay rate.
ARTICLE XIX - LIABILITY INSURANCE
Section 1. Liability 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
2011-2014 Laborer's Contract Page 26
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.
ARTICLE XX - SAVINGS CLAUSE AND FUNDING
Section 1. 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.
2011-2014 Laborers Contract Page 27 .
ARTICLE XXI - TERMINATION AND REOPENING
This Agreement shall be effective July 1, 2011, and shall remain in full force and effect
until the 30th day of June 2014, 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.
APPROVED:
CITY OF ASH AND ASHLAND CITY COUNCIL
By By
Martha Bennet, Administrator ohn Stromberg, Mayor
Date Z /
Date
L.I.U.N.A. Local No. 121
By Date q
Rocky king j
By ZY� Date
Estes �J
B Date
us telli
Date /t /®
Je Gritz
Oregon So ern Idaho Distric Council of Laborers
By / Date
2011-2014 Laborers Contract Page 28
Appendix "A"
Job Classifications In the Bargaining Unit
Cemetery Sexton
Mechanic
Senior Mechanic
Meter Reader/Repair
Wastewater Treatment Plant Operator
Senior Wastewater Treatment Plant Operator
Utility Worker I
Utility Worker II
Senior Utility Worker
Utility Technician
Water Quality Technician
Water Treatment Plant Operator I, 11
Senior Water Treatment Plant Operator
(') Indicates Flexible Staffing Option - The City can hire a I or a II base on operational
needs, and promote I to II without a competitive process.
2011-2014 Laborer's Contract Page 29
Appendix "B"
Salary Schedule
Implementation of Class/Comp Study
Recommendations
HOUR MONTH ANNUAL
SALARY RANGE
ASSIGNMENT
Unfilled lob Class
First 6 Months $15.7752 $2,734.36 $32,812
Next 12 Months $16.5639 $2,871.07 $34,453
Next 12 Months $17.5578 $3,043.34 $36,520
Next 12 Months $18.6112 $3,225.94 $38,711
Rate Thereafter $19.5418 $3,387.24 $40,647
Utility Worker I
First 6 Months $16.5639 $2,871.07 $34,453
Next 12 Months $17.3921 $3,014.63 $36,176
Next 12 Months $18.4357 $3,195.51 $38,346
Next 12 Months $19.5418 $3,387.24 $40,647
Rate Thereafter $20.5189 $3,556.60 $42,679
Unfilled lob Class
First 6 Months $17.3921 $3,014.63 $36,176
Next 12 Months $18.2617 $3,165.36 $37,984
Next 12 Months $19.3574 $3,355.28 $40,263
Next 12 Months $20.5189 $3,556.60 $42,679
Rate Thereafter $21.5448 $3,734.43 $44,813
Utility Worker II
First 6 Months $18.2617 $3,165.36 $37,984
Next 12 Months $19.1748 $3,323.63 $39,884
Next 12 Months $20.3253 $3,523.05 $42,277
Next 12 Months $21.5448 $3,734.43 $44,813
Rate Thereafter $22.6221 $3,921.15 $47,054
Meter Reader/Repairer
Water Treatment Plant Op 1 (1)
First 6 Months $19.1748 $3,323.63 $39,884
Next 12 Months $20.1336 $3,489.81 $41,878
Next 12 Months $21.3416 $3,699.20 $44,390
Next 12 Months $22.6221 $3,921.15 $47,054
Rate Thereafter $23.7532 $4,117.21 $49,407
2011-2014 Laborer's Contract Page 30
Senior Utility Worker(Previously Utility Worker 111)(4)
I 1 7 Mechanic(5)
First 6 Months $20.1336 $3,489.81 $41,878
Next 12 Months $21.1402 $3,664.30 $43,972
Next 12 Months $22.4087 $3,884.16 $46,610
Next 12 Months $23.7532 $4,117.21 $49,407
Rate Thereafter $24.9408 $4,323.07 $51,877
Senior Mechanic(Previously Chief Mechanic)
CPS RANGE 7 I Water Treatment Plant Op II*.(1)
Wastewater Treatment Plant
Operator(2,3,7)
First 6 Months $21.1402 $3,664.30 $43,972
Next 12 Months $22.1972 $3,847.51 $46,170
Next 12 Months $23.5291 $4,078.37 $48,940
Next 12 Months $24.9408 $4,323.07 $51,877
Rate Thereafter $26.1879 $4,539.22 $54,471
7 Cemetery Sexton -
Utility Technician(Previously Utility Worker IV)
First 6 Months $22.1972 $3,847.51 $46,170
Next 12 Months $23.3071 $4,039.89 $48,479
Next 12 Months $24.7055 $4,282.28 $51,387
Next 12 Months $26.1879 $4,539.22 $54,471
Rate Thereafter $27.4972 $4,766.18 $57,194
Senior Water Treatment Plant Op(Previously Water treatment
Plant Op III)
CPS RANGE 9 Water Quality Technician
Senior Wastewater Treatment Plant Operator(Previously
Wastewater Treatment Plant Lead Operator)
First 6 Months $23.3071 $4,039.89 $48,479
Next 12 Months $24.4724 $4,241.88 $50,903
Next 12 Months $25.9408 $4,496.40 $53,957
Next 12 Months $27.4972 $4,766.18 $57,194
Rate Thereafter $28.8721 $5,004.49 $60,054
*PLEASE NOTE: Hourly rates are accurate to 4 decimal places. A Monthly wage
is provided as an approximate salary, but actual monthly earnings may differ from those quoted
above.
(1)All rates include 25 cents per hour for state required Level II Certification.
(2)All rates include 35 cents per hour for state required Level III Certification.
(3)Add 15 cents per hour for employees currently receiving certification pay for state Level IV
Waste Water Treatment Certification.
(4)Plus$1.00 per hour when assigned Lead Worker responsibilities.
(5)Includes 20 cents per hour for required I&M Certification.
(7)Plus$1.00 per hour or the rate the employee received as of June 30,2001,whichever
is greater,when performing Lead Operator responsibilities.
2011-2014 Laborer's Contract Page 31
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2011-2014 Laborer's Contract Page 32