HomeMy WebLinkAbout2010 Resolution No. 038•
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RESOLUTION NO. X
SE R rES OF 2010
A RF.SOLUTION AMENDING T HE COLLECTIVE BARGAINING AGREEMENT
B ETWEEN THE ENGLEWOOD EMPLOYEES A SS OCLA TION AND THE CITY OF
ENGLEWOOD FOR THE P ERI O D OF JANUARY I. 20 10 THROUGH DECEMBER 31, 20 11.
WHEREAS , the City Co uncil of the C it y of Englewood au th ori zed 'The Co ll ective
Bargaining Agreement" with the Englewood Empl oyees Associati on for January I. 2010 through
December 3 1, 20 11 , by th e passage of Reso luti on 6 1. Seri es 2009: and
WHEREAS , the Collecti ve Bargaining Agreement provided for th e reo pening of negoti a ti ons
for wages and cenain benefits in 2010 fo r 20 11 im plementati on; a nd
WHEREAS, th e Ci ty of Englewood and the Englewood Empl oyees Associati on entered int0
negotiati ons in May. 20 I O in accord ance with the Englewood Ci ty Horne Rul e Chan er and th e
contra ct prov is ions; and
WHEREAS, the members of the Eng'lewood Empl oyees Associati on, duly ra tified by a
majority vote ap proved changes to Anicles 8, 11 , and 2 1 of the 20I0-2011 co ll ec ti ve Bargaining
Agreement : and
WHEREAS , the passage of thi s Resoluti on will a uthori ze the amending of th ose provi sions of
the "Coll ecti ve Bargaining Agreement '' between th e Englewood Empl oyees Association and the
C it y of Eng lewo0d for 20 1 I ; and
VlHEREAS. there are several changes to th e Co ntract. which are as fo ll ows :
I . No wage increases or merit pay will be awarded in 20 11 unl ess tota l genera l fund
revenu es on October 31. 20 10 meet or exceed th ose reached durin g th e same period in
2008 .
2. No persona l leave casho ut w ill be paid for unu sed perso nal leave in 20 11 unless total
ge nera l fu nd revenues on October 3 1, 20 IO meet or exceed th ose reached during the sa me
period in 2008 .
3. The ity will pa y 80 %. 5% o r 90 % (depending o n level of coverage) <,f th e premium
cos ts fo r em1 loyees enroll ed in th e in surance p lan designated as th e bas ic Ci ty µ!an . If
the C it y offers any opti onal medi ca l in suran ce plan(s). th e emp loyee wi ll pay th e
difference between th e C it y's co ntributi o n for thl' ba sic p lan mi d ~he premium cost oft he
optional plan chosen.
NOW. THEREFORE. BE IT RESOLV ED BY THE !TY COUNCIL OF THE C ITY OF
ENGLEWOOD , COLORADO, AS FOLLOWS:
Sectio:!l.1 -The City Council of the City of Englewood, Colorado hereby approves amending •
Articles !', 11 and 21 of the Collective Bargaining Agreement between the Englewood Employees
Associati ~n and the City of Englewood for the period of January I.2011 through December 31.
2011 . a copy of which is attached hereto as Exhibit A.
Section 2. The Mayor and the City Clerk are hereby authorized to sign and attest this
amendment to the Collective Bargaining Agreement between the Englewood Employees
Association and the Cit y of Englewood, Colorado, for the period of January 1. 2011 through
December 3 I . 20 I l .
ADOPTED AND APPROVED this 2 1st da y of June. 2010 .
I. Loucrishia A . Ellis . City Clerk for t_p~ity of Englewood .
above is a true copy of Resolution No . ..:)L. Series o 20 l 0 .
lorado. hereby certify the •
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COLLECTIVE BARGAINING AGREEMENT
. BETWEEN THE
CITY OF ENGLEWOOD
AND THE
ENGLEWOOD EMPLOYEES ASSOCIATION
JANUARY 1, 2010 -DECEMBER 31 , 2011
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I>. INDEX
PAG E
AR T ICLE I lNT RODU CTION
ART ICLE 2 DURATION OF CONTRACT 3
ARTICLE 3 RECOGN ITION 4
AR T ICLE 4 EMPLOYEE RIGHTS 5
ARTICLES HOU RS OF WORK 6
ARTICLE 6 OVERTIME WORK 7
ARTICLE 7 ACTING PAY 8
ARTICLE 8 COMPENSATION 9 • ART ICLE 9 LONGEVITY COMP ENSATION 10
ARTICLE 10 ANNUAL L E A VE 11
ARTICLE 11 PERSONAL LEA VE 12
ARTICLE 12 SHORT TERM DISABILITY (STD) 13
ARTICLE 13 WORKERS' COMPENSATION 15
ARTICLE 14 MILITARY L EAV E 16
ARTICLE 15 FUNERAL L EA VE 17
ARTICLE 16 JURY DUTY AND WITN ESS SE RVICE 18
ARTICLE 17 HOLIDAYS 19
ARTICLE 18 UNIFORM CLEANING ALLOWANCE 20
ARTICLE 19 TUITION REIMBURSEMENT/DEGREE ACHIEVEMENT 21 • RECOG N ITION
ARJICLE20 LIFE INSURANCE 22 •
ARTICLE21 INSURANCE 23
ARTICLE22 RETIREE HEALTH INSURANCE ASSISTANCE 24
ARTICLE23 PENSION/RETIREMENT PLANS · 25
ARTICLE24 LAYOFF 26
ARTICLE25 LEA VE OF ABSENCE (WITHOUT PAY) 27
ARTICLE26 GRIEVANCE PROCEDURE 28
ARTICLE27 WRTITEN CORRECTIVE ACTION 30
ARTICLE28 DUES DEDUCTION 31
ARTICLE29 ASSOCIATION ACTIVITIES 32
ARTICLE30 STANDBY PAY 33
ARTICLE 31 CALLBACK 34 •
ARTICLE32 LABOR MANAGEMENT COMMITTEE 35
ARTICLE 33 EXCLUSIVENESS OF CONTRACT 36
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CONTRACT
BETWEEN THE CITY OF ENGLEWOOD
AND T H E
ENGLEWOOD EMPLOYEES ASSOCIATION
ARTICLE I.. rNTRODUCTION
This contract entered into by the City of Englewood, Colorado, and the Englewood
Employees Association has as its purpose the promotion ofharmonious relations between the City of
Englewood and its Employees, a fair and peaceful procedure for the resolution of differences; the
establishment of rates of pay and hours of work, and other conditions of employment as set out in the
City Charter.
Except where limited by express provisions elsewhere in this contract, nothing in this
contract shall be construed to restrict, limit or impair the rights, powers and authority of the City as
granted to it under the laws of the State of Colorado and the City's Charter and Municipal Code. The
rights, powers, and authority include, but are not limited to, the following:
A . To determine the overall mission of the City as a unit of government.
B. To maintain and improve the effi ciency and effectiveness of City operations.
C. To determine the services to be rendered, the operations to be performed, the
technology to be utilized, or the matters to be budgeted.
D. To determine the overall methods, processes, means, job clas si ti cations or personnel
by which City operations are to be conducted.
E. To direct, s upervi se. hire, promote, transfer, assign , sche dule, retain or lay-off
employees.
F. To sus pend, discipline, discharge, or demote for just cause, all full-time permanent
classified employees.
G. To relieve employees from duties because of lack of work or funds, or under
conditions where the City determines continued work would be inefficient or nonproductive.
H. To take whatever other actions may be necess ary to carry out the wishes of the public
not othenvise specified herein or limited by a co llective bargaining contract.
I. To take any and all actions to caJTy out the mission of the City in cases of emergency.
J. Nothing contained herein shall preclude the City from conferring with its employees •
for purposes of developing policies to effectuate or implement any of the above enumerated rights .
The City retains the right to change any past practice which is not in violation of this contract.
In the event a past practice is sought to be changed by the City Manager or department directors , the
Englewood Employees Association will be provided reasonable written notice of the intended
change. The Englewood Employees Association retains the right to grieve any change in practice
which is in violation of this contract.
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ARTICLE 2. DURATION OF CONTRACT
A. This contract will take effect on January 1, 2010, and shall continue in force to and
including December 31, 2011 , provided that either party may reopen negotiations for Article 6 ,
Ove1time, Article 8, Compensation, Article 11, Personal Leave, Article 12, Short Term Disability, by
giving written notice of intent to negotiate prior to May 15 , 2010 .
B . This contract or any part ofit may be tenninated or renegotiated at any time by mutual
consent of both parties.
C . lfany article or section of this contract should be held invalid by operation of law or
any Court of competent jurisdiction, or if compliance with or enforcement of any article or section
shou ld be restrained by such Court, the remainder of this contract shall not be affected thereby and
this contract shall remain in full force and effect, and the parties shall promptly meet and negotiate
for the purpose of attempting to arrive at a mutuall y satisfactory replacement for such article or
secti on.
D . The parties agree and understand that provisions relating to employees covered by this
contract shall in no way displace or modify present or future statutory case law of the State of
Colorado.
E. The parties acknowledge that dning negotiations which resulted in this contract, each
had the un limi ted right and opportunity to make demands and proposals with respect to any subject
o r matter appropriate for contract negotiations and that the understandings and agreements arrived at
by the parties after this exercise of that right and opportunity are set fotth in the contract.
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ARTICLE 3. RECOGNITION
The City recognizes the Englewood Employees Association as the sole organization certified
pursuant to the provisions of the Chartt:r of the City of Englew oo d as the exclusive representative for
the public employees within the following bargaining unit :
Included : All full-time , classified employees of the City.
Excluded: All supervisory, managerial, confidential, part-time, temporary, and
contractual employees, and all employees hired through the use of Federal, State or other outside
funding sources for special projects or programs, and all others who may he determined prior to or
during the life of this contract as provided under the City Charter.
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ARTICLE 4. EMPLOYEE RIGHTS
A full-time classified employee who is not excluded per Article 3. (Recognition) of this
contract shall have the right:
A. To form, join, support or participate in , or to refrain from fom1ing, joining,
supporting, or participating in the employee organization or its lawful activities; and
B. Bargain collectively through their certified employee representative.
C . No employee shall be interfered with, restrained, coerced or discriminated against
because of the exercise of these rights nor shall the right of an individual employee to discuss
employment concerns with the City be infringed upon .
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ARTICLE S. HOURS OF WORK
All departments, functi -,r activities shall v <.1serve office and working hours necessary for
the efficient transaction of their re~-pective servicet1
A. All employees covered by this contract shall work at least forty ( 40) hours per week.
The work week shall consist of five (5) eight-hour shifts, or other work schedules as determined by
the department director per the "Modified Workweek Schedules" policy. All employees shall be
,!i.:heduled to work a regular work schedule and each shift shall have a regular starting and quitting
time. Should the work schedule be changed, affected employees will be notified 24 hours in advance
except in the case of an emergency as determined by the department director.
B. Employees shall be entitled to two (2) paid rest periods not to exceed fifteen (15)
minutes or one (1) thirty (30) minute rest period for each shift worked. Rest periods shall be under
the control of the supervisor or department director.
C. When possible, employees who work beyond their regular quitting time into an
overtime situation will be eligible for a fifteen (15) minute rest period before they begin the overtime
work. When possible, additional rest periods will be granted under the control of th~ ~upervisor or
department director similar to rest periods granted under subparagraph B. above.
D. When necessary, employees shall be granted a fifteen (15) minute personal clean-up
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period prior to the end of each shift. The clean-up period shall be under the control of the supervisor
or department director. •
E. All employees will be granted an unpaid lunch period during each shift. As a nonnal
occurrence, this lunch break will commence between the beginning of the third hour and the
beginning of the sixth ho·ar of the shift. An employee and supervisor may agree to waive this time
limit due to work related or personal issues.
See City of Englewood Administrative Policy# 2, "Hours ofWork/Overtime", and Policy #3,
"Meal Breaks", for further clarification.
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• ARTICLE 6. OVERTIME WORK
A. For all employet:s covered by this contract, except as specified below, duties
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performed over and above the assigned work schedule sball be ..:onsidered overtime.
B. FLS-\ non-exempt (hourly) employees shall be compensated for overtime work at the
rate of one and one-half(l-1/2) times the normal pay rate or compensatory time off, computed at the
rate of one and one-half(l-1 /2) times. Because compensatory time is accrued at one and one-half(l-
1/2) times, it shall not be considered as "hours worked" for purposes of 0vertime calculation.
The City retains the right to assign overtime work to any employee qualified to perform the
work .
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ARTICLE 7. ACTING PAY
All persons appointed to an acting position, at the sole discretion of the Director, will be
compensated at the minimum rate of the acting position pay range or 5% above the employee's
current rate of pay, whichever is greater. The employee must be in an acting capacity for thirty (.3 0)
consecutive calendar days before said employee becomes eligible for acting pay. Such pay will be
retroactive to the first day the emTJloyee assumes the responsibility of the position.
See City of Englewood Administrative Policy Manual, Policy #!, "Acting Pay" for discussion
of acting pay for positions not covered by this contract.
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A RTI CLE 8 . OMPEN SAT IO N
T he City 's p ay phil osophy is to positi on th e maxi mum s of EEA pa y gruder. at the median of th e
ma xi m ums of th e market.
A. RECLASSlFI CAT IO N OF POSITIONS
l fajo b i s reclass ified to a gra de higher tha n it occupied pri or to th e Sa lary S urvey (as defin ed in
the Co m pensation and Cla ssification Pl an document) th e in cumbent's pay will remain th e sa m e
u ntil his/her ne xt Perfo nn anc e Eva lu ation . If however, th e employee's p ay at the tim e of
reela ss i fi cation is below the minimum o f th e new grade range, it w ill be brought to th e IT\inimum
of the new gra de ran ge prior and in ad dition to any in crease ba sed up on the Perfo m,an ce
Evaluation sco re as described bel ow.
B. WAGE INC R EASE S
Employees o f the Ci ty of Englewood r epresented h y th e Englewood Employees /\ssociati o11 and
covered by thi s co ntract sh al l re c e ive no in crease (0%) on the base wage in effect as of Decem ber
3 1. 2010. It is agreed, however, th at in November, 20 10 the parties shall meet to detcnni ne if th e
C ity's year to date tota l general fund reven ues (J anu ary 1,20 10 th rough October 3 1, 20 I 0) m eet
o r exceed the total general fu nd revenu es fr om the same period in 2008 , which were
$3 " ,5 12 ,255. If the tota l genera l funci revenu es do m eet or exceed total general fund revenu es
from th e sam e period in 200 8, the 'ity agrees to award th e wage increases described be low fo r
20 11 .
Empl oyees whos e wages arc below th e maxim um po int oft.heir grad e ra nge ar e eli g ibl e for a
b ase pay buildin g deve lopmen tal increas e, from I % to a max imum of 3%,, on :he ir annual
evalu ati o n date . An emp loyee 's ir.cr · ·1<e perce nt is based on the score received on hi s/her
Performance Eva luati on , not to exc<.: d th ~ m ax imum of the grade ran ge . (Exampl e: A "3"
(m eet s expectati ons) score will eq ua te to a I% increase, a "4" (exceeds expectations) will eq uate
to a 2% in crease and "5" (o utstanding) will eq uate to a 3% in crease.)
\Vagcs fo r 20 12, however, will be negotiated in 20 11 based on th e following: empl oyees whose
wages n ·,: below tl1e m ax imum point of their grad e range are eli gib le fo r a base p ay building
d cvclo ; ;n -.,Pt i',: J?!u · ;ase, fr om 3% 1·0 a maximum of 5%, on th eir annual eva luati o n date . A n
e mpl n:·,'~<· , i i :-r,:,•.;., pereent is based on the sco re received 011 hi s/h er Perfo m,an c e Evn lu a t:i o n,
not to ~xcced th ,. :11a x imum o f the grade ra nge .
Empl oyees who ha ve progres sed thro ugh tll e de ve lopmental zo ne an d reached th e m axi mum of
their 1,rra d e range will no longer b e eligible for base pa y buildin g in crea ses. They will , h owever,
be eligibl e for a one-ti me, lump-sum , Merit Pay award . ln 201 1, however, no Merit Pay w ill be
awarded unle ss the reve nu e target menti oned abo ve is met. If the reve nu e target ;s m et , Me ri t
p ay fo r 20 11 will b e awarded per th e same scale as for base pay build in g increas es . Merit Pa y
fo r 20 12 will be ne go tiated in 201 1 based on the philo sophy that th e award is b ased on th e score
received 0 11 the employee 's Perfom1 ance Eva lu atio n .
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Employees in the developmental zone whose evaluation scores would raise their pay ahove the •
maximum of the range will be given base pay increases to the maximwn of the grade range only .
.A.ny additional award will be non base building and awarded in the form of Merit Pay.
1 ote: Regardless oftbe Total Score on the Performance Evaluation, no pay increase or Merit
Pay award v.·ill be granted if an employee is on a Performance Improvement Plan in any area.
Once the conditions of the PIP have been met, the employee will receive the appropriate
increase, retroactive to the PIP completion date .
C . A change in the evaluation date will result when:
(1) The employee is on leave without pay. (See Article 27 .) Leave of Absence
(Without Pay)
(2) The employee terminates his/her employment and later is reemployed. The
new evaluation date shall be determined by his/her new employment date.
(3) The employee is promoted, demoted or transferred.
Fundamental changes to the above will be made only with prior consultation and review with
association representatives.
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ART I CLE 9 . LONGEVITY COMPENSATION
Effective .January I , 1984 , and thereafter, all new hires shall not be eligible for longevity
co mpensation .
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ARTICLE 10. A NNUAL LEA VE
Employees co vered by th is co ntract shall earn annual leav e e ach pay period as follows :
Length of Hours per Hours per E arni ng
Service Pay Period Year Limits
I. 0-4 Years 3.08 80 160 Hrs.
(thru 48 mos .)
2 . 5-9 Y ears 4 .62 120 240 Hrs.
(49 thru 108 mos .)
3 . JO + Years 6 .15 160 320 Hrs.
(109+ mos .)
Accumulation of annual leave shall neither be authorized nor computed for any purpose after the
maxi mum earning limit has been reached. Part time service is not included in the "length of service"
calculation for annual leave eligibility.
Use
The schedule for use of annual leave shall be determined b y the needs of the department.
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Annual leave shall be taken at the time convenient to and approved b y the department director or
supervisor. However, Lhe City will make reasonable efforts to accommodate the request of an
employee to use annual leave whe re a genuine em ergen cy situation exists. •
Annual Leave Pav
The rate of annual leave pay shall be the employe e's regular straight time hourly rate of pay
for the employee's regular job. Annual leave shall be allowed only to the total hourly amount
accumul ated up to and during the p ay peri o d in which the leave i s taken .
Work During Annual Lea ve
If, afte r th e empl oyee h as b e gun hi s/her annu al lea ve and th e C ity r e quires th e empl oyee to
wo rk durin g th e schedul ed annua l leave pe ri od, the em pl oyee will n o! be c h arged with vacatio n tim e
fo r th e number of ho urs w o rk e d .
Annua l Leave P ay U po n Sep arati o n
Wh en an empl oyee terminates e mplo ym e nt wi th the C ity, th ey will b e compe ns at ed for
unu sed a1m ua l leave earned as of th e d ate of separati o n. A nnu a l leave is n ot to be used to ext end an
e mpl oyee's date of separati o n .
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• ARTICLE 11. PERSONAL LEA VE
All employees coY'"':ed by this contract shall be granted 48 hours of personal leave time with
pa y which a.n employee is entitled to use for the following purposes :
A. Employee's own illness /injury
B . mness/injury of employee's family
C. To attend to personal business
For any employee who has not used the 48 hours of personal leave time ending October 3 1 of
each year or any portion thereof, the City will compensate said employee for the unused time at the
employee's regular wage rate to be paid during the month of November of that year.
Notwithstanding the above and foregoing, and during calendar year 20 11 , the City shall not be
required to compensate an employee for any unused personal leave time remaining on October 31,
2011 , nor shall the unused time be accumulated or carried over to the calendar year 2012, unless the
City's total general fund revenues meet the levels set f01th in Article 8.Compensation. Personal
leave time shall not exceed 48 hours nor shall it be accumulated or carried over from one year to the
next. Personal leave shall be scheduled and administered under the direction of the department
director or superv isor . In the event of illness/injury in which personal leave is requested, shift work
employees shall notify their supervisor at least one (I) hour prior to their scheduled reportine tiine.
Personal leave shall be prorated for employees beginning and tt:rminating employment with i:he City
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ARTICLE 12. SHORT TERM DISABILITY (STD)
(Formerly Temporary Disability-Non Job-Related)
Short term disability (STD) granted for non-service connected injury or illness of an
employee with at least ninety (90) days of service with the City, whose disability prevents the
employee from performing his/her duties. STD is paid at I 00% of the employee's regular hourly
rate.
The City agrees to provide employees covered by this contract STD leave with pay for
employees absent as a result of illness/injury as follows:
91 days-4 years
(thru 48 mos.)
5-9 years
( 49 thru I 08 mos .)
Jo+ years
(109+ mos.)
347 working hours
520 working hours
693 working hours
STD leave shall not be accumulative. January I of each year the City shall restore I 00% of
the number of hours used by an employee during the preceding year as follows:
91 days-4 years
5-9 years
I0+years
Utilization
up to a maximum of 173 working hours
up to a maximum of260 working hours
up to a maximum of 34 7 working hours
A. Authorization for STD leave with pay shall only be granted after the first normal daily
shift of disability. The elimination shift to access STD shall be taken and paid in the following
order: personal leave, annual leave, compensatory time. If all accrued leaves have been exhausted,
the elimination shift shall be taken as leave without p ay.
B. Authorization for STD shall only be granted for personal illness or injury, not service
connected , including maternity relat ed disability . ·
See City of Englewood Administrative Policy #31 , "Family and Medical Leave Act
(F MLA)".
Sick Leave Option
All sick leave accrued by pem1anent employees prior to January I , 1980 shall vest with the
emplo yee, and may be used in the following manner:
A. After exhausting STD hours.
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E. By cashing in all accrued sick lea ve accumulated under the previous plan upon nmmal •
retirement from the City at the rate of one hour's pay for each two hours of accrued sick leave or one
hour's pay for each four h o urs upon separation from the City.
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• C. By cashing in accrued sick leave, once each year at the conversion rate of four (4)
hours sick leave for one ( 1) hour pay, not to exceed a conversion of more than 400 hours each year .
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Reporting of STD
The employee or a member of the employee's household shall notify the employee's
supervisor at least one hour prior to the employee's scheduled reporting time. No STD leave wi 11 be
granted to an employee who fails to notify their supervisor prior to the beginning of the empl oyee's
work shift.
Verification of Disability
lf absence from work is three (3) days or more, a medical release must be provided to the
employee's supervisor, who will forward it to Human Resources for possible Fm1ily and Medical
Leave qualification.
Abuse of STD
Abuse of STD occurs when an employee misrepresents the actual reason for requesting STD
or when an employee uses STD leave for unauthorized purposes. An employee who makes a false
claim for STD leave shall be subject to disciµlinary action up to and including termination .
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ARTICLE 13. WORKERS' COMPENSATION
A. For any on-the-job injury which causes an t::mployee to be absent from work as a
result of such injury, the City shall pay to such employee his/her full wages from the first day of
his/her absence from work up to and including the 90th calendar day of such absence, less whatever
sums received by the employee as disability benefits under workers' compensation. The City
requires any employee on workers' compensation to submit to an examination(s) by City-appointed
physician(s) at the City's expense or under the provision of workers' compensation. If the injury or
illness results in an absence of over 90 days, the employee may request to supplement the 66&2/3%
wage benefit granted by the provisions of workers' compensation with personal leave, annual leave
or sick leave (if applicable). Short term disability is available only for non work related illnesses or
injuries, so cannot be used as a supplement to the workers' compensation benefit.
B. AH workers' compensation injuries shall be reported to the employee's supervisor
within 24 hour~ cf the injury or before the employee leaves his/her department of employment.
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ARTICLE 14. MILITARY LEAVE
The authority for thi s policy is der iv ed from th e prov isions of the Uniformed Services
Empl oyment and Reemplo yment Ri ghts Act of 1994 (USERRA) and Secti o n 28 -3-601 C.R.S.
through Section 28-3 -607 C.R.S.
T he Ci ty is o bli ga ted to gra nt military lea ve with o ut loss o f pay for absences not exceed in g
fifteen (l 5) days in any ca lend ar yea r . Fifteen (I 5) days equates to fifteen 8-ho ur da ys, or 120 hrs.
The City cannot require an employee to u se annu al leav e for such purposes. The e mpl oyee ma y,
how ever, request use of vacation, compensatory time , or leave without pay to s uppl ement ab sences
exceeding those covered by the fift een (15) day military leave allowance.
Military leav e of absence will r r., ·1lt in no loss of any conditio n of employmen• that wo uld
have normall y occurred if the employee h•d not been absent for such purposes.
Employees are responsible for prov idin g their department directo rs copies of all milita ry
orders that will resu lt in a leave of absence fo r activ e mili tary duty . Empl oyees are also required to
notify their s uperviso rs at th e earli est possible date up on lea rnin g of sch eduled military duty.
Employees who fai l to return to work acco rdin g to the provision s ofUSERRA and Secti o n
28-3-60 l C.R .S. through Secti on 2S-3 -607 C.R.S. are subject to di sciplinary act io n up to and
in cludin g termination .
Employees must rem it to th e ity any pay re ceived by the military fo r th e per iod of time the
empl oyee is on paid milit ary leave. T hi s remittan ce shall occur immedi ately upo n receip t o r the
military p ay (in instances that the military pay i~ grea ter than the employee 's it y pay, th e e mpll'ycc
may elect to for e1,10 City paid milit ary le ave).
The C ity will m ake a reasonabl e effort to adjust work schedules and assib'11me nts to
accomm odate empl oyees fulfillin g military ob li i;a ti o ns .
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ARTICLE 15. F iNERAL LEA VE
Full-time employees are eligible for up to forty ( 40) hours of funeral leave. Annual or
personal leave may be requested if additional time off is necessary. Funeral leave applies to
members of the employee's family . For purposes of this policy, "Employee's Family" will mean
the employee's spouse, or the children, grandchildren, parents, grandparents, brothers, and sisters
of the employee or of the employee's spouse.
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ARTICLE 16. JURY DUTY AND WITNESS SERVICE
Leave will be granted to an employee called for jury duty or to appear as a witness in
his/her official capacity in obedience to a subpoena or direction by legal authority. The employee
will receive tl1eir regular sala.-y for jury duty served . Any jury pay will be reimbursed to tht> City.
The employee may retain any reimbursements for mileage and parking. Employees on jury duty
or called as a witness in their official, City capacity will be expected to work as much of their
regularly scheduled workday as their jury duty schedule or appearance in court permits .
When an em µ\oyee is subpoenaed as a witness in priv'Ilte litigation to testify, not in
his/her official capacity but as an individual, accumulated leaves will be used to cover the time
absent. All accumulated leaves must be exhausted before the time absent can be taken as leave
without pay.
Employees will not be paid overtirue or eam compensatory time for time served as a juror
or a witness . Overtime is computed on hours actually worked over forty (40) hours at the
assigned job.
An em ployee must retum to work after being excused from jury duty if there are more
than t vo (2) hours left in their regularly, scheduled workday .
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ARTICLE 17. HOLIDAYS
A . TI1e following days shall be considered official holidays by the Ci ty and all employees
covered by this contract shall be entitled to ninety-six (96) hours of holiday pay:
1. New Year's Day: January 1.
2. Martin Luther King Day: the third Monday in January.
3 . President's Day: the third Monday in February.
4 . Memorial Day: the last Monday in May.
5 Independence Day: July 4 .
6 Labor Day: the first Monday in September.
7 Veteran's .,y: November 11 .
8. Thanksgiving Day : the fourth Thursday in November.
9 Fourth Friday of November following Thanksgiving Day.
10 Christmas Eve: December 24.
11 . Christmas Day: December 25.
12. ew Year's Eve Day: December 31 .
B . Any employee covered by this contract who does not perform duty scheduled on the
working days or have approved paid leave immediately prior to and following a holiday shall not
receive pay for the holiday.
C. Employees required to work on an official C ity holiday will receive approved holiday
pay at two and one halftimes the employee's regular hourly rate for holiday hours actually worked
up to 8 hours. Hours worked over 8 hours will be paid at the overtime rate (time and one-half). For
departments permining other holiday compensation options, the procedures are as follows :
a . Approved overtime p ay (time and one-half) for number of hours actually
worked on the holiday IN ADDITION TO up to 8 hours o f holiday leave to bank and
take at a later date : OR
b. Appro ved straight time p ,.-· ;Jr number of hours actually worked on the
hol id ay up to 8 hours (hours work ed over 8 will be paid at the overtime rate of time
and one-h alf) rN ADDITION TO u p to 8 hours of Comp Time (accrued at time and
o ne-h alf) to be take n at a later d ate; J R
Ap proved ho lid ay pav at tw o and o ne -half time th e t:mpl oyee·s n::gul ar
lwurl y ra te !c,, ho lid ay ho urs acruall y worked up to 8 ho ur . Ho urs worked o ve r 8
ho urs w;JI b e paid at th e ovenime rate (time an d o ne-hal f.)
D . \.\"hen o ne o f th e fo regoin g ho lidays fo il s o n a S und ay , th e foll o win g M o nd ay shall b e
o bserved as tJ1e le ga l ho li d ay . Wh e n any of th e foregoing ho lida ys fall o n a S aturda y, each employee
shall be entitled to a d ay o ff for s uc h holiday . which day o ff s h:1ll be scheduled as the C ity Manager
determines , but no s pecifi c day shall b e obs erved as a holiday for purpo se of clo s ing City o ffices and
fun c ti o ns.
S ee ity of Englewood A dmini s t ra ti ve Po li cy #33. "Officia l H o lid ays", fo r furth e r
c lari fic ati o n.
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ARTICLE 18. UNlFORM CLEANING ALLOWANCE
If an employee is required to wear a uni form, the employee shall wear the uniform only as
authorized by the department work rules. The City will provide uniforms, cleaning and
replacements . The City will provide 50% of the cost of required work shoes up to a maximum of
$90 per year except with department director approval. All employees shall maintain a presentable
appearance while on duty. The employee is responsible for any damage to the uniform by negligence
or deliberate act.
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ARTICLE 19. TUITION REIMBU RSEMENT / DEGREE ACHIEVEMENT RECOGNITION
See Ci ty of Englewood Administrative Policy #2 9 , "Tuition Reimbursement/Degree
Achievement Recognition".
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ARTICLE 20. LIFE INSURANCE
Term life insurance will be provided by the City for employees covered by this contract in the
amount of one time his/her annual salary. The minimum benefit is $30,000 and the maximum
benefit is $50,000 . Upon separation from employment, the employee may convert the life insurance
per the life insuram:e plan conversion agreement in place at the time of his/her separation from
employment .
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ARTICLE 21. INSURANCE
A MEDICAL
The City will pay ninety percent (90%) of the premium cost for "employee only"
coverage, eighty-five percent (85%) of the premium cost for" employee plus onen coverage and
eightypercent (80%) of "family" coverage for the medical insurance plan designated as the basic
City plan. Employees will pay 10%, 15% or 20% of die premium cost, depending on the level
of coverage.
If the C.ity offers any optional medical insurance plan(s), the employee will pay the differer,ce
between the City's contribution described above and the premium cost of the optional plan
chosen.
B. DENTAL
The City will pay ninety percent (90%) of the premium cost for "employee only"
coverage, eighty-five percent (85%) of the premium cost for "employee plus one" coverage
and eighty percent (80%) of the premium cost for "family'' coverage for dental insurance.
Employees will pay either ten percent (10%), fifteen percent (15%), or twenty percent (20%)
of the premium cost for dental insurance, depending on the level of coverage.
C Any dispute concerning the interpretation or application of benefits provided
under the health or dental plans shall be subject to the plan appeal process. It is expressly
understood that this article is a non-grievable item under this contract.
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ARTICLE 22. RETIREE HEALTH INSURANCE ASSISTANCE
Retirees will be guaranteed conversion privileges to the Health Insurance Conversion Plan
available through the City. For those who retired prior to December 31, 1996, the City will pay $50
per month. For retirees after January 1, 1997 , the City will pay $75 per month. For those who retire
on or after January 1, 2010, the City will pay $100 per month.
For purposes of this Article, "retiree" shall be defined as all employees who separate from the City at
age 55 or olde r and have c0mpleted I 5 years of continuous, permanent, full-time service
(immediately preceding the date of separation). See City of Englewood Administrative Policy #66 ,
"Retiree Health Assistance" .
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ARTICLE 23. PEN SION/RETIREMENT PLANS
The pension plan description for employees covered by this contract is set forth in Title ill,
Chapter 4 of the Englewood Municipal Code. Additionally, the plan description for the Non-
Emergency Employees Money Purchase Plan is available for inspection in the Department of
Finance and Administrative Services.
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ARTICLE 24. LAYOFF
A. Whenever there is lack of work., lack of funds, or under conditions where it is
determined that continued work would be inefficient or nonproductive, requiring reductions in the
number of employees, the appointing authority shall designate the depmtment and positions in which
the layoff is to be made. In identifying individual employees to be laid off, the appointing authority
shall consider the relative ability of all employees . within the position classification, taking into
account the employee's documented performance history and then seniority with the City.
B. Employees laid off shall be put on a recall list for one year following their layoff.
Employees recalled from layoff into the same job classification shall be recalled in inverse order of
layoff. If they are recalled into a different position, those recalled must have the demonstrated ability
and qualifications to perform the available work as determined by the City. No new emplovees shall
be hired into positions covered by this contrar.t until all employees on layoff status desirin11; to return
to work have been recalled.
C. Employees identified for layoff shall have the right to displace an employee in any
position classification which the employee formerly held in the department, ta.king into account both
the employees' documented performance history, demonstrated ability and then seniority with the
City. The employee ultimately displaced shall then be the person laid off unless that employee in
tum has effective displacing rights under the provisions of this article .
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ARTICLE 25. LEA VE OF ABSE CE (WITHOU T PAY)
After twelve months of continuous servi ce and upon approval of the department director,
in concurrence with the Human Resources Director, employees may be granted an unpaid leave
of absence ofup to one year for compelling personal reasons not related to Family and Medical
Lea ve reasons .
Al I accrued, paid leave must be exhausted before the beginning of the unpaid l eave of
absence. Employees on such leave do not accrue personal leaYe, annual leave or longevity pay.
Employees on unpaid leave of absence are not eligible for holiday, jury, military, funeral or
administrative leave. When an employee is on an unpaid leave of absence, he/she will remain in
the City health and d ental in s urance plans, provided the full premium is paid by the employee.
The employee may retain the benefit accrual rate they were eligible for at the beginning of
the unpaid leave, provided the employee returns to work with the City on the agreed upon date .
Upon return, the employee 's hire date will be adjusted if the leave has exceeded thirty (30)
calendar days.
An employee who engages in other employment, incl udin g self-employment, while on
official leave of absence, will be terminated effective as of the last day worked, unless prior
written approval has been obtained from the Human Resources Department.
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Employees on an approved lea ve of absence, who fail to report for work by the first day •
afler the expiration date of th e lea ve of absence or a properly a pproved extension, will be
terminated from their employment with the City as of the last day actually worked.
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• ARTICLE 26. GRIEVANCE PROCEDURE
A grievance is defined as a claim or dispute by an employee cover::_ by the tenus of thi s
contract concerning an alleged violation of a specific provision of this contract. The employee shall
be required to follow the procedure as set out below :
A general grievance is defined as a grievance that concerns a group of empiJyees or the
bargaining unit in general. A general grievance can only be filed by the Association within th e tim e
frame specified in Step I, and the initial review will occur by the department director at Step 2
below.
A. "Work Day" mea ns calendar days exclusive of Saturdays, Sundays, and City
recognized holidays.
Step 1.
If the employee is unable to settle the grievance or dispute orally and informally through
his/her immediate supervisor within five (5) working days of the date of the occurrence of th e
grievance, or the employee's knowledge of it, the employee may, within the succeeding five (5) w ork
days, file a written grievance with his/her supervisor. The supervisor shall attempt to adjust the
matter and shall respond in writing to the employee within five (5) work days.
Step 2.
• If the answer is not sa tisfacto ry , the matter s ha ll be presented in writing by the employee to
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the department director within five (5) work days following receipt of the supervisor's response . T he
department director shall respond in writing to the employee within five (5) work days.
Step 3 .
If the grievance still remains unadjusted , it shall be presented by \i,e employee lo the City
M a nager in w1iting within five (5) work days following receipt of the response of the department
director. The City Manager or his/her designated hearing officer shall have a meeting with the
grievan t to rev iew the grievance and all relevant information. Within ten ( I 0) wor k cla y~ of that
meeting. the C it Manag er or hi s /her d esignated hearin g officer will is s ue a written tle,~;,,ion .
Slcp 4.
1. lf'thc grievance is still unresolved, the Association within fourteen ( 14) calem.lar days
after th e r eply of the City Manager or hi s/her designated hearing officer, may by written noti ce
request the matt er be s ubmitted to a rbitration. The parties will a ttempt to choose a mutually
agreeab le arbitrator. If within five (5) days of the reques t for arb itration the Association and the C ity
cannot mutually agree on an impartial arbitrator, a request will be filed with the American
Arbitration Association for a panel of seven (7) arbitrators to be sent to the parties. The arbitrator
s hall be selected by a method of alternative striking of names from the panel , with the first strike
Jete'.1Tlined by a coin flip. T he final name left on the panel shall be the arbitrator. The arbitrator
shal l be requested to issue a decision within thirty (30) days after con c lusion of testimony and
argu nent.~
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2. Each party shall be responsible for compensation to its own representatives and witnesses . •
The fees of the arbitrator shall be borne equally by the Association and the City.
3 . AuthoriJy of Arbitrator
The arbitrator s hall have no power to add to or subtract from or change the terms of this
contr, .. The wiitten decision o( the arbitrator shall be final and binding upon the parties. The
arbitrator shall limit h is/her decision strictly to the grievance submitted which has been properly
processed through the grievance procedure outlined .
4. Failure by an employee or the Association to comply with any time limitation shall
constitute a settlement of the grievance. Should the employer not respond within the preset ibed
time, the grievance will automatically proceed to the next step. At the employee's option, the
employer may be allowed additional time to respond.
Processing Grievance During Working Hours
Grievances may be investigated <md processed by the employee or designated employee
rep.1::sentative during working hours , within reasonable time limits , without loss of pay, provided
notice is given and the workload permits.
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ARTICLE 27. WRITTEN CORRECTIVE ACTION
Whenever more serious grounds for corrective action exist (i.e., more serious than those deem :d
by the supervisor tu warrant oral corrective action) the su pervis01 should issue a written corrective
actio n. The wri~ten .:orrective action will be addressed to the employee and w:11 include the
following information :
• The violatio n
• The ,pecific behav ior
• The dates '.lf the behavior • The warning that continuance of the specific behavior will rei:ult in disciplinary action, and
• An offer of assistance in con·ecting the behavior.
Both the employee and supervisor must sign the document (if necessary, the supervisor will note
that the employee refuses to sign the document). A copy of the written corrective action will be
forw arded to Human Resources to be included in the employee's official personnel file . The
employee will have the opportunity to submit written comments in res ponse to the written corrective
actiJn to be included in their file.
This Article shall not be grievable under this contract, nor shall it apply to probationary
employees .
ARTICLE 28. DUES DEDUCTJON
A . The City agrees to deduct the Englewood Employees Association dues each pay
period from the pay of those employees who individually request in writ ing that such deductions be
made, subject to the garnishment laws oftbe State of Colorado. The amounts to be deducted shal l be
certified to Human Resources by the Treasurer of the Association, and the aggregate deductions of
all employees shall be remitted together with an itemized statement to the Treasurer by the 15th of
the su cceeding month, after such deductions are made. The authorization shall be revocable during
the term of the contract , upon written notice by the employee to Human Resources.
B. If no wages are paid to an employee authorizing such deductions in any given pay
period d eduction for that pay period(s) will be made from any wages which m ay be paid to him/her
in the succeeding pay period(s). It is expressly understood that the City assumes no liability and
shall not be liable for the collection or payment to the Englewood Employees Associatio n of any
dues during any time that an employee is not actually working for the City and actually on the payroll
of the City. In the event of error on the check-off list, the City will not be responsible to make
adj u stments, until notified by the Treasurer of the Englewood Employees Association.
C. The Englewood Employees Association shall indemnify and hold the City harmless
again .:;t any and all claims. suits , orders , or judgments brought or issued against the City as a result of
any action taken or not taken by th e City under the provision of this Article.
D. Changes in the dues amount to be deducted shall be limited to two (2) changes each
year, providing a thiny (30) day written notice is provided to Human Resources.
E. Should the change in the deduction method require a computer programming change,
the En glewood Employees Association shall be responsible for the cost of such change or changes , at
$30 per h our with a four (4) hour maximum. Payment from the Englewood Employees Association
shall be made to the City Finance and Administrative Services Director within ten (I 0) days of
receipt of billing.
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ARTICLE 29. ASSO C IATION ACTfVITfE3
The City agrees that during working hours on the City premises and without loss of pay,
Englewood Employees Association members may be allowed to :
• attend two (2) EEA meetings annually. The City, however, retains the right to maintain
appropriate staffing levels as detennined by the department director and will not be
required to pay overtime or compensatory time necessitated by attendance at the meeting.
Members may be called back from such meetings to address emergencies . Other
membership meetings may be called to address issues of general interest. If these
additional meetings are held during employees' work shifts, the City retains the right to
either approve or disapprove attendance on City time (i.e ., during times other than
employees' lunch and break periods). Notice of such meetings, specifying whether it is
biannual or general intr-rest will be provided to directors , managers and supervisors two
weeb in advance, unless it is mutually agreed to waive this provi sion ;
• post EEA notices on City designated bulletin boards;
• solicit EEA memberships during employee's non-work time .
Additionally, the Association may call monthly meetings of its board, to be held during the board
members' lunch periods . One (I) week 's notice will be given to supervisors if the meetings arc
expected to exceed the lunch periods.
Board members may also be allowed to represent employees on grievances. They will be allowed to
represent e mplo yees at labor management committee meetings and negotiations. During
negotiations, EEA nego tia tion team members may meet during work ho urs to discu ss issues with
appropriate notice given to directors, managers and supervisors. The Association team sha ll not
exceed eight (8) members .
ARTICLE 30. ST AND BY PAY
Standby pay is defined as compensation for employees covered by this contract who must be
immediately available to respond while off duty. All employees covered by this contract and
assigned standby duty shall be compensated at a rate equal to eight (8) hours at his/her regular rate of
pay for one week of standby duty. Standby pay shall be prorated for standby duty ofless than one
week. (Example: an employee assigned standby duty for one day will be compensated at a rate equal
to 8 hours / 7 = 1.14 hours).
Standby pay shall not be substituted with compensatory time .
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ARTICLE 31. CA LL BACK
Any time an employee on off-duty status (including stand-by duty) is called back to work
he/she shall be credited with a minimum of two (2) hours pay at the rate of one and one-half ( I 1/2)
. times his/her regular hourly rate .
With the approval of the department director and subject to departmental guidelines, the
emp loyee may choose to substitute co mpens atory time for call back pay .
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ARTICLE 32 . LABOR MANAGEMENT COMMITTEE
A labor management committee consisting of four ( 4) members appointed by the Association
and four ( 4) members appointed by the City shall meet on a quarterly basis. The committee will only
deal with group issues that are not dealt with through other existing committees or _grievance
procedures . The Association will send its agenda items to the Human Resources Director at least
one (1) week prior to the date of the quarterly meeting.
City policy changes will be presented at the quarterly labor management co1umittee meetings .
Emergency policy changes will be immediately forwarded to the Association for distribution .
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ARTlCLE 33. EXCLUSIVENESS OF CONTRACT
The City and the Association agree that the terms and provisions herein contained constitute
the entire contract between the parties. The City and the Association agree that all negotiable items
have been discussed during the negotiations leading to this contract and, therefore, agree that
negotiations will not be reopened on any item during the life of this contract, except by mutual
agreement of the parties .
IN WITNESS THEREOF . the parties have caused this contract to be signed by their
respective representatives, an d their signatures placed thereon, on this ______ day of
June, 2010 at Englewood, Colorado .
ENGLEWOOD EMPLOYEES
ASSOClA TION
Robert E. Stephenson, President
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CITY OF ENGLEWOOD
Mayor, Jim Woodward
ATTEST:
City Clerk , Loucrishia A. Ellis
C ity Manager, Gary Sears
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COUNCIL COMMUNICATION
Date: Agenda Item : Subject:
Jun e 2 1, 2010 11 C i C o ll ective Bargaining Agreement Be twee :i th e Ci ty
and the EEA -Wage/Benefit Reopener fo r 201 1
Initiated By: Staff Source:
Human Reso urces D ep artmen t Sue Eaton , Direc tor of Human Res o urces
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The prev io us Collective Bar ga inin g Ag r eement w ith th e En glewoo d Empl oyees Ass ociation was
approved by Council for 20 10 and 2011 in Jul y, 2009. Th e contrac t prov ide d fo r the reopen in g of
nego tiati o ns for wages and certain benefits in 2010 for 20 11 implem e ntati o n .
RECOMMENDED ACTION
Sta ff request s C o unc il approva l oi a reso luti o n amending Articles 8, 11 and 21 (Compensation,
Pers o nal Leave and In surance) of th e 20 10-20 11 Collec ti ve Barga inin g Agreement betw een th e
Engl ewood Employees Associa ti on and th e City of Englewoo d. The co ntrac t cove rs approxi m ately
1 98 employees .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Th e C ity of Eng lewood and th e En glewood Employees Ass ociation entered into n egoti ati o ns in May,
20 10 per Articl e 2, "Duration of Contract ", w hi c h ca ll s for reopening dis c uss ions of wages and
ce rtain o the r benefits . Th e members of th e Eng lewood Employees A ssocia ti o n du ly ra tifi ed b y a
majority vot e th e c han ges t o Articles 8, 11 and 2 1 o f th e 20 10-20 11 Coll ecti ve Bar ga inin g
Agree m ent. The sig11ifican t c han ges t o th e co ntrac t are as foll ows:
1. c wage in c reases or merit pa y wi ll be awa rd ed in 20 11 unl ess t o tal gene ral fund r evenues
o n O c t ober 3 1, 2010 meet or exceed those reached d urin g th e same period in :w oa .
2. No pe rso nal leave ash o ut w ill be paid fo r unu sed p erso nal leave in 20 11 unl es~ to tal
ge n eral fun d revenues on O c t o ber 3 1, 20 10 m ee t o r exceed th ose r eached during th e same
peri o d in 2008.
3. The City wi ll pay 80%, 85% o r 90% (d epending on level of coverage) of th e premium costs
fo r •~mployees enro ll ed in th e insurance p lan designated as th e basi c C ity p lan. If tn e C ity
of1e rs an y opti ona l m edi ca l insuranc e plan(s), th e employee w ill pay th e differenc e between
th e City's co ntrib uti on fo r th e basi c plan and the p remi um cos t of the opti o nal p lan c h ose n .
FINANCIAL IMPACT
Th e financial impact of #1 and #2 will not b e known until October 3 1, 20 10 . If the total general
fund re ve nues meet th e stated target, it is estimated that the cost of EEA wage increases w ill be
approximately $191 ,000 (2% of pay roll ) and $14,000 in wage associated pension contributions. If
the re v enue target is met, personal leav e cashouts cou ld range from $0 to a maximum of $211 ,5 76
depending on leave usage.
LIST Of ATTACHMENTS
Resoluti o n
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