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HomeMy WebLinkAbout2009 Resolution No. 061• • • RESOLUTIO N NO . M SERIES OF 2009 A RESOLUTION AUTHORIZING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN TH E ENGLEWOOD EMPLOYEES ASSOCIATION AND THE CITY OF ENGLE WO OD FOR THE PERIOD OF JANUARY I, 20l0THROUGH DECEMBER 31 , 2011. WHEREAS , the Ci ty Council of the City of Englewood auf 1orized "The Collective Bargaining Agreement" with the Eng lewood Employees Assc . ation for January I, 2008 through December 31, 2009 , by the passage of Reso lution 51 , Series 2007; and WHEREAS, the City of Englewood and the Englewood Employees Association entered into negotiations ia May, 2009 ia accordance with the Englewood City Home Rule Charter and the contract provisions; and WHEREAS, the passage of tllis Resolution will authorize the provisions of the "Collective Bargaining Agreement" betweeu the Englewood Employees Association and the City of Englewood for the period 20 IO and 2011; and WHEREAS, there are several changes to the Contract, which are as follows : I. No wage increases will be granted in 2010 . 2. The Retiree Health Insurance Assistance payment will be in creased from $75 to $100 per month for employees retiring on or after 1/1/20 JO . 3. The duration of the collective bargaining agreement will be from January I, 2010 through December 31, 201 I, with a provision for reopening negotiations on certain economic matters in 20 IO for 20 I I. WHEREAS, the elected representatives of the Englewood Employees As soc iation duly ratified the Collective Bargaining Agreement for 2010 and 201 I; NOW, TIIEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I. The City Council of the City of Englewood , Colorado hereby appro ves the Collective Bargaining Agreement between the Englewood Employees Association and the City of Englewood for the period of January I, 2010 through December 31, 2011, a copy of which is attached hereto as Exhib it A. Section 2. The Mayor and the City Clerk arc hereby authorized to sign and attest the Co llective Bargainin g Agreement between the Englewood Employees Association and th e City of Englewood, Colorado, for the period of January I, 20 IO through December 31, 2011. ADOPTED AND APPROVED thi s 6th day of Jul y, 2009 . I, Loucrishia A. Ellis, City Clerk for ~''/'.ty of Englewood, 2bove is a true copy of Resolution No. Series of2 9. • • • • COLLECTIVE BARGAINlNG AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE 1 ENGLEWOOD EMPLOYEES ASSOCIATION JANUARY l,2010 -DECEMBER31, 2011 E X H I B I T A • INDEX PAGE ARTICLE I INTRODUCTION ARTICLE2 DURA TION OF CONTRACT ARTICLE3 RECOGNITION 4 ARTICLE4 EMPLOYEE RIGHTS ARTICLES HOURS OF WORK 6 ARTICLE6 OVERTIME WORK 7 ARTICLE 7 ACTING PAY 8 • ARTICLES COMPENSATION 9 ARTICLE9 LONGEVITY COMPENSATION 10 ARTICLE 10 ANNUAL LEA VE II ARTICLE II PERSONAL LEA VE 12 ARTICLE 12 SHORT TERM DISABILITY (STD) 13 ARTICLE 13 WORKERS ' COMPENSAT ION 15 ARTICLE 14 Mll..lTARY LEAVE 16 ARTICLE 15 FUNERAL LEA VE 17 ART ICLE 16 JURY DUTY AND WITNESS SERV ICE 18 ARTICLE 17 HOLIDAYS 19 ARTICLE 18 UNIFORM CLEANING ALLOWANCE 20 • ARTICLE 19 TUITION REIMBURSEMENT/DEGREE ACHIEVEMENT 2 1 RECOGN ITION • ARTICLE 20 LIF E INSURA NCE 22 ARTICLE 2 1 INSURANCE 23 ARTICLE22 RETIREE HEAL TH INSURANCE ASSISTANCE 24 ARTICLE23 PEMSION/RETlREMENT PLANS 25 ARTICLE24 LAYOFF 26 ARTICLE 25 LEA VE OF ABSENCE (WITHOUT PAY) 27 ARTICLE26 GRJEV ANCE PROCEDURE 28 ARTICLE27 WRITTEN COkRECTNE ACTION 30 ARTICLE2 8 DUES DEDUCTION 31 ARTICLE 29 ASSOCIATION ACTIVITIES 32 ARTICLE30 STANDBY PAY 33 ARTICLE31 CALLBACK 34 • ARTICL E32 LABOR MANAG EMENT COMMITTEE 35 ARTICLE 33 EXC LUS IV ENESS OF CO NTRA CT 36 • • • CON TRA CT BETW EEN THE CITY OF ENGL EWOOD AND THE ENGLEWOOD EMPLOYEES ASSOCIAT ION ARTICLE 1. INTRODU CTION This contract entered into by the City of Englewood, Colorado , and the Eng lewood Employees Associat ion ha s as its purpose the promoti on of harm on ious relations between the City of Englewo od and its Employees, a foir and peaceful procedure for the re solution of differences; th e 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 contrac~ nothing in this contract shall be construe:! to re stric~ 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 determ ine the overall missior . 1f the City as a unit of government. B. To maintain arid improve the efficiency and effe cti ven ess of City operati ons. C. To det ermine the serv ices to be rendered , the operations to be performed, th e technolo gy to be utili ze d, or the maners to be budgeted . D. To determine the overall meth ods , proce sses, mcans,j ob clas sifi cations or pe rsonnel by whi ch City operat ion s are to be co nducted. E. To dircc~ supervise, hire , promote , transfer, assign , sc hedule , retain or lay-off emp loyees . F. To suspe nd , di sciplin e, discharge, or demote for just cause , all full-time permanent class ified employees. G. To reli eve employees from duties because of lack c,f work or fu nd s, or under co:iditi ons whe re the City determin es cont inued work would be inefficient or nonproductive . H. To take whatever other actions may be necessary to carry out the wishes of the pPblic not othe rwis e specified herein or limited by a co llective bargaining co ntract. I. To take any und all action s to carry out the mi ssio n of the City in cases of emerge ncy. J. Nothing con tain ed herein shal I preclude the City from co nferr ing with its employees fo r purpose s of developing policies to effectuate or impl ement any of the above en um erated rights . ·n,e City reta ins the ri gh t to change any past practice which is not in violat ion of this co ntra ct. In th e eve nt a past practice is so ugh t to be changed by the City Manager or departm ent directors , the Eng lewo od Empl oyees Assr,ciation will be provided reaso nab le 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. • • • • ART ICLE 2. DURATION OF CONTRACT A. Thi s co ntract will take effect on January I, 20 10, ond shall continue in fo rce to and in cludin g December 3 1, 2011 , prov ided that eith er party may reopen nego tiation s fo r Artic le 6, Overt ime , Art icle 8, Co mpen sa ti on, Artic le 11 , Persona l Leave, Art1 ck 12, Short Term Disabi lity, by givin g writt en noti ce of inte nt to negotiate prior to May 15, 20 I 0. B. Thi s contrac t or an y pa rt of it may be termin ated or ren ego ti ated at any time by mutua l co nse nt of both parties . C. If any art icle or sect ion of thi s co ntra ct should be held inva lid by operati on of law or any Co urt of co mpe tent jurisdiction , or if compli ance with or enforcement of any articl e or se cti on should be restrai ned by such Co urt, the remainder of thi s contract shall not be affected the re by and th is contract shall rema in in fu ll fo rce and effec~ and th e parties sha ll promptly meet and negotiate for th e purpose of attempti ng to arrive at a mut ually satisfac tory repl ace ment for s uch artic le or sec tion . D. The parties agree and understand that provis ions re lati ng to em pl oyees covered by th is co ntrt>.it shall in no way displace or modify prese nt or fu ture statutory case law of the State of Co lorado . E. Th e parties acknowled ge th at during nego ti ations which resu lted in thi s contract, each had the unlimited rig ht and opportun ity to make demand s and propo sa ls with re spect to any subject or matter appropriate for co ntract negotiations and th at th e und erstandings and agreements arri ved at by the part ies afte r thi s exercise of that right and opportunity are set forth in th e contract. ART ICLE 3. RECOGN ITION The Cit y recog ni zes th e Englewood Empl oyees Association as the so le orga ni zati on certified pursuant to the provi sio ns of th e Charter of th e City of Engl ewood as th e exc lusive representative for the public empl oyees within the fo ll owin g barga ini ng unit: In c luded: All full -t im e, cla ss ifi ed empl oyees of th e City . Ex clud ed: All supervi sory, manage rial , co nfid ent ial, part-time , temporary , and co ntractual emp loyees, and all empl oyees hired through the us e of Federal , State or other outside funding source s for s pe cial projects or programs , and all others who may be determin ed prior to or during the li fe of thi s contract as provided und er the City Charter . • • • • • • ARTICLE 4. EMPLOYEE RJGHTS A full-time classified empl oyee who is not excluded per Artic le 3. (Recog niti on) of th is contract shall have the ri ght: A. To form , join, support or participate in , or to refrain from forming , joining, s upp orting , or participatin g in th e employee organization or its lawful ac tivities; and B. Bargain co ll ect iv ely th roug h their ce rtified employee representative . C. No employee shall be interfered with , restra ined, coerced or discriminated against because of the exercise of th ese rights nor shall the right of an individual employee to di sc uss employment concerns with the City be infringed upon . ARTICLE 5. HOURS OF WORK All depo rtm ents, fun ctions or activi ti es shall observe office nnd worki ng hours nece ssary for th e effi cie nt transacti on of their respective se rvices. A. All en1ployees covered by thi s con tract shall wo rk at least forty (40) ho urs per week. The wo rk week shall co nsist offive (5) eig ht-h our shifts , or oth er work sc hed ul es as determin ed by th e department dire cto r per the "Modified Workweek Sched ul es" policy. All employees shall be sc hed uled to work a reg ular work sc hedul e and eac h shift shall have a regular sta rtin g and quitting ti me . Should the wor k schedule be chan ged, affected employees will be notifi ed 24 hours in advance except in the case of an emergency as detc nnin ed by the departm ent directo r. 8. Employei:s shall be entitled to two (2) paid rest periods not to exceed fifteen (15) min utes or one (I) thi rty (30) minute rest period for eac h shift worked. Rest peri ods shall be und er the co ntrol of the superv isor or department director. C. When poss ible , empl oyees who work beyond L~eir regu lar quitting tim e into an overti me situ at ion will be eligible for a fiftee n (15) minute rest period before they begi n the ove,time work . When possible, additional rest periods will be granted under th e co ntrol of the supervisor or departme nt director si mil ar to rest periods granted und er subparagrap h B. above. D. When necessary, emp loyees shall be gra nted a fifteen (15) minute personal clean-up • peri od prior to the end of each shift . The clea n-up period shall be under th e co ntro l of the superv isor • or department dire ctor. E. All employees will he granted an unpaid lun ch period during each shift. As a nonn al occurre nce, thi s lunch break will commence between th e beg innin g of the third hour and th e beginni ng of the sixth hour of the shift . An empl oyee and supervi so r may agree to waive this time limit due to work related or personal iss ues. See City of Englewood Admini strativ e Po li cy# 2, "Hours of Work/Overtime", and Poli cy #3, "Meal Breaks", for further clarifi ca ti on. • • • • ARTICLE 6. OVE RTIM E WORK A. Fo r all emplo yees covered by thi s contract, except as s pecified below , dutie s performed over and above the ass igned work schedule shall be cons id ered overtime . B. FLSA non-exempt (hourly) employees shall be compensated for overtime work at the rate ofone and one-half ( 1-1/2) times the normal pay rate or compen sa tory time off, co mputed at the rate ofone and one-half (l-1 /2) times. Because compensatory time is accrued at one and one-ha lf (1- 1/2) times, it shall not be co nside red as "hours worked" for purpo ses of ov ertime calc ulati on. Th e City retains the right to ass ign overtime work to any employee qualified to perform the work . ARTICLE 7. ACTING PAY All perso ns appointed to an acting po siti on, at th e so le di scretion of th e Director, will be compensa ted at the minimum rate of th e ac ting positio n pay range or 5% above th e em pl oyee's current rate of pay, whi cheve r is greater. The employee mu st be in an acti ng ca pac ity fo r thirty (30) co nsecutive ca lend ar days before said employee become s eligib le for acting pay. Sc oh pay will be retroac tive to th e fir st day the em ployee as sum es the responsibility of the position . See City ofEnglewood Admini strative Poli cy Manual , Poli cy #I, "A cting Pay" for di scuss ion of acti ng pay for pos iti ons not covered by thi s contract. • • • • • • ARTICL E 8. COM PENSATION The Ci ty's pay phil oso ph y is to po siti on th e maxi mum s of EEA pay gra des ., th e med ian of th e max imum s of th e market. A. RECLASS[FICATION OF PO SITIONS If a job is rec lass ifi ed to a grade high er th an it occ upi ed pri or to the Sa lary Survey (as defined in the Compen satio n and Class ifi cati on Plan doc ument) the in cumbent 's pay will remain the sa me until his/her next Perfo rmance Eva lu ati on. If howeve r, the employee 's pay at th e time of rec las si ficati on is below th e minimum of the new grade range , it wi ll be brought to th e minimum of th e new grade ran ge pri or and in add iti on to any increase based upon the Performan ce Evaluati on sco re as de scribed below . Notwithstan din g th e above, during th e calendar year 2009 the sc he duled Sa lary Surv ey will not be conducted , but will be deferr ed until 2010 . Thus no Survey related rec lass ifi cat ion or assoc iated wage incre ases will be implem ented in 2010 . B. WAGE INCREASES In 20 I 0, employees of th e City of Englewood represented by th e Englewoo1 Employees Association and co vered by thi s co ntract sha ll receive no in crease (0%) on the ba se wage in effect as of December 31 , 2009 nor will any increase co ntemplated by the next three para~raphs of thi s Artic le 8, B apply . Wages for 2011 wi ll be negotiated in 2010, based on the following . Emplo yees who se wages arc bel ow th e maximum point of their grade range are eligible for a base pay building deve lopmen ta l increase , fr om 3% to a maximum of 5%, on their annual evaluation date . An employee's increase percent is ba se d on the sco re rece ived on his/h er Performance Evaluation, not to ex ce ed the ma ximum of th e grade range. Empl oyees who have pro gressed through the developmental zo ne and reached the maximum of the ir grade range will no longe r be eli gibl e for base pay building incre ases. They will , howe ve r, be eligib le for a one-tim e, lump-sum , Merit Pay awa rd . Th e Merit Pay award is ba sed on th e sco re received on the empl oyee's Performance Eva lu ati on. Empl oyees in th e deve lopm ental zo ne whose evaluation sco re s wo uld raise their pay above the maximum of the ran ge, will be given bas" pa y in creases to the maximum of the grade range only . Any add it iona l award wi ll be non base building an d awarde d in th e fonn of Merit Pay. Note : Rcprdlcss of the Total Score on !he Pesformn.nce Eval11111on, no p1y incrcast or Mcnl r:iy aw.ml will be granted ir an employee is on a Pcrfonn11nce lm proYCmcnl Plan in any aica. Once the coo1btions of the PIP hatt been met, 1hc employee will rcce:vc the appropriate incrcuc, 1ctro11c1ivcto thcP IP com plction d1tc, C. A change in th e eva lu ation date wi ll re sult wh en: (I) The employe e is on leave with out pay . (Sec Art icle 27.) Le ave of Ab se nce (W ith out Pay) (2) The emp loyee termin ate s his/h er employment and lat er is reemployed . The new ev alu atio n date shall be determi ned by his/her new empl oyme nt date. (3) The em loyee is prom oted , demoted or transferred . Fund amenta l chan ges to the above will be made onl y w!th prior consultatio n and review with association repre sen tative s. ARTICLE 9. LONGEV ITY COMPENSAT ION EfTc c1ivc Jununry I, 1984 , and thereafter, all new hires sha ll not be elig ibl e fo r longev ity co mpcnsntion. 10 • • • • • ARTI CLE Ill . AN NUAL LEAVE Empl oyee s co vered by thi s co ntrn ct shall cum ann unl lcr ·,c ea ch pa y per iod as fo ll ows: Le ngth of Hours per ll ours per Ea rnin g Service l'u y Peri od Year Limits I. 0-4 Yenrs 3.08 80 160 Hrs . (thru 48 mos .) 2. 5-9 Years 4.62 120 21.•> Hrs. (49 thru 108 mo,;.) 3. JO+ Years 6.15 160 ;,t, Hrs . (I 09 + mos .) Acc umulati on of annual leave shall nei ther be authorized nor con1µu;ed fo r any purpose after the max imum earning limit has be en reac hed. Part time serv ice is not ii•; 1:::ted ir. the "length ofservir.e" calculation for annual leave eligibility . The schedule for use of annual leave shall be determined by th e needs of the departm ent. Annual leave shall be take n at the tim e co nveni ent to and approved by the dep artm ent di recto r or supervisor. Howeve r, th e City will make reaso nabl e efforts to acco mm o date th e request of an empl oyee to use annual leave where a genuine emergency situation exist s. Anm1al Leave Pay The rat e of ann ua l leav e pay shall be th e empl oyee's reg ui ar straig ht tim e houl'ly rate of pay for the empl oyee's reg ul ar job. Annual leave shall be all owed only to th e tota l hourl y amount accu mulated up to and durin g th e pa ) peri od in whi ch th e leave is take n. Work During Annu al Leave If, after the employee has begun hi s/her annu al leave and the City req uires the employee lo work during th e sc hedul ed annual leave period, the empl oyee will not be charged with vacati on tim e for th e number of hou rs worked . Annual Leave Pay Upon Separatio n When an em pl oyee terminate s em pl oyme nt with th e City, th ey will be co mpen sated for unu se d annua l leave earn ed as of th e date of separat ion. Annual leave is not to be used to ex tend an empl oye e's date of se paration . 11 ARTICL E 11. PERSON AL LEA VE Al I empl oye es covered by thi s co ntra ct shall be grunted 48 hours of pe rs onal leav e tim e with pay whi ch an empl oyee is entitled to use for th e fo ll ow in g purposes : A. Empl oyee's own illn ess/inju ry 8 . Illne ss/injury of empl oyee 's fa mil y C. To attend to pers onal bu sine ss For an y empl oyee who has not used the 48 hm 1rs of personal leave time ending October 31 of each yea r or any portion thereof, the City will comp,n sate said employee for the unu sed time at the employee's regular wage rate to be paid during the monU1 ofNovember of that year . 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 de;•artrnent director or supervisor . In the event cf illness/injury in which personal leave is requested , shi ·,1 work employees shall notify their supervisor at least one (I) hour prior to th eir sc heduled reportin~ time . Pe rsonal leave shall be prorated for employees beginning and terminating employment wiU, the City during the November I-October 31 time period . 12 • • • • • • ARTICLE 12. SHORT TERM DISAB[LITY (STD) (Fo rm erl y Temporary Disability-Non Job-Re lat ed) Short term disabi li ty (STD) granted fo r non-se rv ice co nnected injury or illness of an emp loyee with al least ninety (90) days of serv ic e with th e City, who se di sa bili ty preve nts th e empl oyee fr om performin g hi s/he r duti es. STD is paid at 100% of the employee's regular hourl y rate . Th e City agrees to provide employees covered by thi s contract STD leave with pay for empl oyee s absent as a resu lt of illn ess/i nju ry as fo ll ows: 91 days-4 years (thru 48 mos.) 5-9 years (49 thru 108 mo s.) lo+ years (109+ mos.) 347 worki ng hours 520 working hours 693 working hours STD leave shall not be accum ulative . January I of each year the City shall restore 100% of the number of hours used by an er!"lloyee durin g the preceding year as fo ll ows: 9 1 days-4 years 5-9 years IO+years Ut ili zation up to a maximum of 173 workin g hours up to a maximum of260 working hours up to a maximum of 34 7 working hours A. Autho ri zatio n for ST D leave with pay shall only be granted after the first nonnal dai ly shift of disability. The elimination shift to access STD shall be taken and paid in the fo ll owi ng order : perso nal leave, annu al le ave, co mp ensatory tim e. If all accrued leaves have bee n exhausted, the elimin ation shift sha ll be take n as leave without pay. B. AL".thorization for STD shall only be granted fo r perso nal illness or injury, not serv ice connecte d, in clu c'.i ng materni ty re latt j disability. See City of Englewood Admin istrat ive Policy #3 1, "Fam il y and Medi cal Leave Act (F MLA)". Sick Lenve Opti on All sick leave accrued by permanent employees pri or to January I, 1980 sha ll vest with the emp lo yee, and may be used in th e fo ll ow in g manner: A. Afte r ex haustin g STD hours . B. By cashi ng in all accrued sick leave accu mul ated un der the previ ous plan upon normal retire ment from th e City at th e rate of one hour's pay for each two hours of acc rued sick lea ve or one hour's pay fo r each fo ur hours upon se~arati on from th e City. 13 C. By cas hing in acc rued sick leave, once each year at the co nv ers ion rate of four (4) hours sick leave for one (1) hour pay, not to exceed u co nversion of more than 400 hours each ye ar . Reporting of STD The employee or a member of the employee 's hous ehold shall notify th e employee's superv iso r at least one hour prior to the employee 's sch edul ed reportin g time. No STD leav e will be granted to an employee wh o fail s to notify th ei r s up ervisor prior to the beginning of th e emp 1oyer, work shift. Veri fica tion of Disability If absence from work is three (3) days or more , a medical release mu st be provided w the employee's supervisor, who will forward it to Human Resources for possible Fami ly and Medical Leave qualification . Abu se of STD Abuse of STD occ urs when an employee misrepresents the actual reason for requesting STD or when an employee uses STD leave for unauthorized purposes. An employee wh o makes a false claim for STD leave shall be subject to disciplin ary action up to and includin g termination. 14 • • • • • • ARTICLE 13. WORKERS' COMP EN SATION A. For any on-the-job injury which cau se; an empl oy ee to be ab se nt from work as a result of such injury, th e City shall pay to such employee hi s/her full wage s from the fir st day of hi snier absence from work up to and including th e 90th ca lendar da y of such ab sence , les s whatever sums recei ved by the employee as di sability benefits under workers' compensation. The City requires any employee on workers' compen sation to submit to an ex amination(s) by City-appointed physician(s) at the Ci ty's expense or under the provi sion of workers' compen sation. If the injury or illnes s results in an absence ofover 90 days, the employee may request to supplement the 66&2/3% wage benefit granted by the provisions of workers ' compensation with perso nal leave, annual leave or s ick leave (if applicable). Short tenm disability is availabl e only for non work related illnesses or injuri es, so cannot be used as a supplement to the workers ' compensation benefit. B. All workers ' compensation injuries shall be reported to the employee's supervi sor within 24 hours of the injury or before the employee leaves his/her department of employment. tl ARTICLE 14 . MILITARY LEA VE The auth or ity fo r thi s poli cy is der ived fr om th e provis ions of th e Uni for med crv iccs Empl oy ment and Reempl oy ment Ri ghts Act of 1994 (USE RRA) and Secti on 28-3 -60 1 C.R .S. thro ugh Sec ti on 28-3-6 07 C.R.S . TI,e C ity is obli gated to grant mililary leave with oul loss of pay for absences not exceedin g fi ftee n (IS) days in an y cal endar yea r. Fift ee n ( 15) days equates to fift ee n 8-h onr days , or 120 hrs . ·n,e City co nn ot require an empl oyee to use annu al leave for such purposes . Th e empl oyee may, however, request use of vac ati on, comp ensat ory tim e, or leave with out pay to supplem ent ab sen ces exceedin g th ose cove red by th e fift ee n (IS) day military lea ve all ow an ce . Mi lita ry leav e of ab se nce will result in no lo ss of any conditi on of empl oyment that would have norm ally occ urred if th e employee had not bee n abse nt for such purposes. Employe es are responsible for providin g th eir dep artment directors copi es of all milita ry ord ers that will re sult in a leave of abse nce fo r active milita ry duty . Employe es arc al so required to notify their superv is ors at the earliest poss ibl e date upon learnin g of sc hedul ed military duty. Employ ees wh o fai l to retun, to work acco rding to th e provi sions of USE RRA and Section 28-3-601 C.R.S . throu gh Section 28-3-60 7 C.R.S. arc subj ect to di sc iplin ary acti on up to anrl in c ludin g termination . Empl oy ees mu st remit to the City any pay receive d by th e milit ary for the peri od oftime the empl oyee is on paid mili tary leave. Thi s remittance shall occ ur imm edi ately upon rece ipt of th e milit ary pay (in ins tances tl:nt th e milita ry pay is greater than th e empl oyee's City pay , th e empl oyee ma y elect to for ego City paid milita ry leave). Th e City will make a reaso nabl e effort 10 adju st work sc hedules and oss ignm ents to acco mm odate empl oyee s fulfillin g military obli ga ti ons. 16 • • • • • • ARTICLE JS . FUNERAL LEA VE Fu ll-t im e employee s are eligible for up to forty (40 ) hours of funeral leave . Annual or perso nal le ave may be requested if additional time off is ne cess ary . Funeral leave appli es to members of the employee's family . For purpo ses of thi s policy, "Emp loyee 's Family" will mean the employee 's spouse , or the children, grandchil dren, parents , gra ndparents , brothers , and sisters of the empl oyee or of the employee's spou se . 17 ARTICLE 16. JURY DUTY AND WITNESS Sl.:RVICE Leave will be grante d to an employee called fo .-jury duty or to appear as a witn ess in his/her omcia l capacity in obedience to a ~ubpoena or oir i:ction by legal authority . The cmpl uye~ will receive the ir regular sala,y fo r jury duty served . Any jury pay will be reimbursed to th e City . The employee may retai n any reimbursements for mileage and parking . Emp loyees on jury ducy or ca ll ed as a witness in th eir omcia l, City capac ity will be expecte d to work as much of their regularly scheduled workday as their jury duty sc hedule or a,,pearance in co urt permits. Wh en an emp loyee is subp oe naed as a witness in priva1e liti gation to testify, not in hi s/her officia l capacity but as an individual, accumulated leave ,· will be used to cover th e tim< abstnl. All accumulated leaves must be exhausted before the time absent can be take n as leav e without pay . Emp loyees ill not be paid overtime or earn compen satory time fo r time served as a juror or a witness . Overtime is computed nn hours actually worked over fony (40) hours at the assigned job. An empl oyee must return to work after bein g excused fro m jury dcty if there are more than two (2) hours left in th eir regu larl y, scheduled workday. 18 • • • • • • ARTICLE 17 . HOLID AYS A. Th e fo ll ow in g days shall be considered offic ial holi days by the City and all employees covered by th is co ntract shall be entitled to ninety -six (96) hours of holid ay pay: I. New Year's Da y: January I. 2 Martin Luth er King Day: th e third Mond ay in January . 3. Presi dent's Da y: th e th ird Monday in February. 4. Memorial Day: th e last Monday in May. 5 Independence Day: Ju ly 4. 6 Labor Day: th e first Monday in Se ptember . 7 Veteran's Day : November 11. 8. Thanksgiving Day: th e fourth Thursday in November. 9 Fourth Friday of No vemb er following TI1anksgiving Day. IO Christmas Eve: Decemb er 24. 11 . Christmas Day: Dec ember 25 . 12. New Year's Eve Day: Decemb er 31. B. Any employee covered by thi s contract wh o 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 offi cial City holiday will receive approved holi day pay at two and one halftimes th e employee 's regular hourly rate fo r holiday hours actually worked up to 8 hours. Hours worked over a hours will be pai d at th e overtime rate (tim e and one-half). For departments pennitting other holiday co mp en sation opti ons, the procedures are as follows: a. App roved overti me pay (tim e and on e-h alf) for number of hours actually worked on th e holiday IN ADDITION TO up to 8 hours of holiday leave to bank and take at a later date: OR b. Appro ved straight time pay for numb er of hours actually work ed on the holiday up to 8 hours \nours worked over 8 will be paid at th e overtime rate of time and one-half) IN ADDIT ION TO up to 8 hours of Co mp Time (accrued at tim e and one-half) to be taken at a late r date; OR c. Approved holiday pay at two and one-h alf times the employee's regular hourly rate for holiday hours actually worked up to 8 hours. Hours worked over 8 hours will be paid at th e overtime rate (time and one-half.) D. When one of the forego in g holidays fall s on a Sunday, th e fo ll owi ng Monday shall be observed as th e lega l holiday . Wh en an y of the fo rego ing holidays fall on a Saturday, each emp loyee shall be entitled to a day off for such holiday, which day off shall be sc hedul ed as th e City Manager determin es, but no specific day shall be observ ed as a holiday fo r purpo se of closing City offices and functi ons . See C ity of Eng lewood Admini strative Poli cy #33, "Offic ial Holidays", for furthe r clari fi cati on. 19 ARTICL E 18 . UNIFORM CLEANING ALLOWANCE If an emp loyee is required to wea r a uni form , the empl oyee shall wea r the uni fo rm onl y as au thori ze d by the department work rul es. The City will provide uniforms , cl ea nin g an d rep lace ments . The City will prov id e 50% of th e cost of required work shoes up to a maxi mum of $90 per yea r escept with department director app rova l. All employees shall maintain a presentab le appearance while on duty. The empl oyee is respo nsibl e for any damage to the uni fo rm by neg ligence or deliberate ac t. 20 • • • ARTICLE 19 . TU ITIO REIMBURSEMENT / DEGREE ACHIEVEMENT RECOGN ITION See City of Englewood Admini strative Policy #29, "Tuition Reimbursement/Degree Achievement Recognition ". 2 1 ARTICLE 20. LIFE INSURANCE Te1m life insurance wi ll be provided by the City fo r empl oyees covered by thi s contract in the amount of one tim e his/her annual salary. Th e minim um ben efit is $30,000 and the maximum benefi t is $50,000. Upo n separation from employment, the empl oyee may co nvert th e life in surance per th e life in suran ce pl an co nv ersion agreement in pl ace at th e tim e of hi s/he r separati on from empl oyment. 22 • • • ARTICLE 21. INSURAN CE A. MEDICAL The City will pay ninety percent (90%) of th e premium cost for "empl oyee only" covera ge, ei gh~1-five percent (85%) of the premium co st for "employee plu s one" coverage and eighty percent (80%) of the premium cost for "family" coverage for medical insurance . Employees will payeitl1cr ten percent (I 0%), fifteen percent (15%), or twenty percent (20%) of the premium cost for medical insurance , depending on the level of coverage. 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 on e" coverage and eighty percent (80%) of the premium cost for "family" coverage for dental insurance. Employees will pay either ten percent (I 0%), fifteen percent (15%), or rNenty percent (20%) of the premium cost for dental insurance, depending on the level of coverage. C. Any dispute concerning the interpretation or appli cation 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. 23 ARTICLE 22. RETIREE HEALTH INSURANCE ASS ISTANCE Retirees will be gua ra ntee d conve rsion privil ege s to the Hea lth In surance Co nve rsi o" Plan avai lable th ro ugh the City. For th ose who retired prior to De ce mber 31, 1996, the City will pay $50 per month . Fo r retirees after Janu ary I, 1997, the City will pa y $75 per month . For th os e wh o retire on or after January I, 20 I 0, th e City will pay $ I 00 per month. For purpo•es of thi s Article , "retire.' shall be defined as a.II empl oyees who separate from the City at age 55 or o ld er and have co mpleted IS years of continuous, permanent, full -time serv ice (i mmedi ately preceding th e date of se parati on). See City of Eng lewood Administrative Policy #66 , "Retiree Hea lth Assi stance". 24 • • • ARTICLE 23. PENSION /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 . Ad di tionall y, d1e plan description fo r the Non- Emergency Employees Mo ney Purchase Plan is available for inspection in the Deportment ,,f Finance and Adminis trative Services . 25 ARTICLE 24 . LAYOFF A Whenever there is lack of work , lack of fu nds, or under co nditions where it is determin ed that continued work would be in effic ient or nonprodu ct ive , requiring red ucti ons in th e number of em ployees, th e appoi ntin g auth ority shall designate the department and positions in which th e layoff is to be made . In identifyin g individual empl oyees to be laid off, th e appo intin g authority shall cons id er th e relative abi lity of nil employees within the po siti on classification, taking into account the employee's doc um ent ed performance hi story and th en seni ority with the City . B. Employees laid off shall be put on a recall li st for one year following th eir layoff. Empl oyees recalled from layo ff into th e same job clas si fication shall be recalled in inverse order of layoff If th ey are recalled into a different position , those recalled must hav e the demonstrated ability and qualifications to perfonn the available work as determined by the City. No new employees shall be hired into positions covered by th is contract until all employees on layoff statu s desiring to return to work have been recalled . C. Employees identified for layo ff shall have th e right to displa ce an employee in any po siti on c lassification which tl1e empl oyee formerly held in the department, taking into account both the employees' docum ented perfr,rmance history, demon strated ability and then seniority with the City . The employee ultimately d,,,placed shall th en be th e perso n laid off unle ss that employee in tum ha s effectiv e di spl ac in g rig~•., under the prov ision s of thi s articl e. 26 • • • • • ARTICLE 25 . LEA VE OF ABSENCE (WITHOUT P ~ Y) After twelv e month s of co ntinu ous serv ice and upon app rova l of the departm ent director, in co ncurrence wi th <h e Human Reso ur ces Director, emp loyees may be gran ted an unpaid leave of absence of up to one yea r for com pellin g perso nal reasons not related to Famil y and Medical Leave rea so ns. All accrued , paid leave mu st be exhaus ted be fore the beginning of the unpai d leave of absence. Empl oyees on such leave do not accrue persona l leave, annual leave or longe vity pay. Empl oyees on unpaid leave of absence are not eligib le for holid ay, jury, military, fun eral or admini stra tive leave. When an empl oyee is on an unpaid leave of absen ce, he/she wi ll remain in th e City hea lth and denta l in s uran ce plans , provided the full premium is pa id by the empl oyee. The employee ma y reta in the benefit accrual rn tc th ey were elig ibl e for at th e beg inn ing of the unpaid leave, pro vid ed th e employee ret urn s to work wi th the City on the agreed up on date. Upon re turn , ihe empl oyee's hire date will be adju sted if the leave has exceeded thi rty (30) calendar davs . An emp loyee who engage s in oth er employm ent , includin g se lf-empl oyment, on official leave of absence, will be terminated effective as of the la st day worked, unless , .. 0 , written approval has been obtain ed from the Human Re so urces Dep artm ent. Empl oyees on an approved leave of abse nce , who fa il to report for work by the first day after the ex pirati on date of the leave of abse nce or a properly approved extension, will be termin ated from their emplo yment with the City as of th e last day act uall y worke d . 27 ARTICLE 26. GRl'i VANCE PRO CE DURE A gri evec,ce is defi ned as a clai m or di spute by an emp loyee cove red by th e term s of th is contract concerning an alleged vio lati on of a specifi c prov ision of th is contract. The emp loyee shall be requir ed to fo ll ow th e procedu re as set out below: A ge neral grievance is defined as a grievance that co ncern s a group of empl oyees or the barga in ing unit in general. A ge neral grie va nce ca n only be filed by th e Assoc iat ion within the tim e frame s pecifi ed in Step I, and the initial revi ew will occ ur by the department direct or at Step 2 bel ow. A. "Work Day" means cale ndar days exclusive of Saturdays , S undays , and City recognized holidays. Ste,? I. lf the employee is unable to sett le the grieva nce or dispute orally and informally through his/her immediate superviso r within five (5) working days of the date of t he occurrence of the grievance , or the employee's knowledge of it, the employee may, within th e succeeding five (5) work days, fil e a written grievance with hi s/her supervi so r. The supervi so r shall attempt to adjust th e matt er and sha ll respond in writ ing to the employee w ithin fiv e (5) work day s. Step 2. If th e ans wer is not sati sfac tory, th e matt er shall be pre se nted in writing by the empl oyee to th e department director withi n five (5) work da ys fo ll owing receipt of th e s upervi so ~s respo nse. The departme nt di rector shall respond in wmin g to thi: empl oyee within fi ve (5 ) wor k day s. Step 3. If the grievance still remain s unadjusted , it sha ll be prese nted by the employee to the City Manager in writing within five (5) work days fo ll ow in g receipt of the re sponse of the department director. The City Manager or hi s/her design ated hearin g office r shall have a me eti ng with the gri eva nt to review the grievan ce and all relevant information . Within ten (10) work days of that meetin g, the Cit y Mana ger or hi s/her designated heari ng officer will issue a written decision . Step 4. I . lfthe gr ieva nce is still unreso lved , the Association within fourteen (14) calendar days • • aft er th e reply of the Ci ty Manager or hi s/her des ignated hearin g officer, may by written notice reques t the mut1er be submitted to arbitration. The parties will all.empt to choose a mutually agreeab le arbitra tor. lfwithin five (5) days of the reque st fo r arbitrati on th e Assoc iation and the City ca nnot mutually agree on an impartial arb itrator, a requ est will be filed with th e American Arbitration Assoc iation for a panel of seven (7) arbitrators to be sent to the; arties . The arbitrator shall be selected by a method of alternative strikin g of names from the pan• . with the first strike clctem1ined by a co in flip. The final name left on the panel shall be th e a,o itrator. The arbitrat or shall be requ ested to issue a decisiou within thirty (30) days after conclusion of testimony and • argu ment. 28 • • • 2. Eac h party shall be responsible for co mpensa ti on to its own re prese ntativ es and witnesses. Th e fees of the arbitrator shall be borne equall y by th e Association and the City. 3. Authority of Arbitrator The arbitrator shall hav e no powe r to add to or subtract from or change the term s of thi s contract. The written deci s ion of the arbitrator shall be final and binding upon the parties . The arbitrator shall limit his/her decision strictly to th e grievance submitted which has been properly proce ssed through the grievanee 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 re spond within the prescribed time, the grievance will automatically proceed to the next step. At the employee's option , the employer may be allowed additional time to respond. Proces sing Grievance During Working Hours Grievances may be investigated and processed by the employee or designated employee representative during working hours, within reasonable ti n,e limits, without loss of pay, provided notice is given and the workload permits . 29 ARTICLE 27. WRITTEN CORRECTIVE ACTION Whenever more seriou s grou nds for corrective oction exist (i.e., more ser ious than tho se deemed by the supervisor to warrant oral corrective action) th e supervisor should iss ue a written corrective action. The written corrective act ion wi ll be addressed Lo t~c employee and will includ e the following information: • The violation • The spe ci fic behavior • The dotes of the behovior • The warning that continu anecofthe specific behavior will result in disciplinary action , and • An offer of assistance in correcting the behavior. Both the employee and supervisor must sign the document (ifneccssary, the supervisor will note that the em ployee refuses to sign the document). A copy of the written corrective action will be forwarded to Human Resources to be included in the employee's official personnel file . The employee will have the opportunity to submit written comments in response to the written corrective action to be included in their file . This Article shall not be grievablc under this co ntract, nor sha ll it apply to probationory employees . JO • • • • • • ARTICLE 28. DUES DEDU CTIO N A. fhe City agrees to deduct the Englewo od Empl oye es Assoc iati on due s eac h pay peri od from the pay of tho se emp loyees who individuall y request in •,1 riting that such deducti ons be made, subj ect to th e garni shm ent laws of the Sta te of Co lorado. Th e amounts to be ded ucted shall be certifi ed to Hu man Resources by the Treas urer of the Associa ti on, and the aggregate deducti ons of all empl oyees shall be remi tted together with an itemized sta tement to the Treasurer by the 15th of the s uc ceed in g month , after such deductions are made . The autho riza tion shall be revocab le du ring the term of th e co ntract, upo n written notice by th e emp loyee to Human Resources . B. lfno wages are pai d to an emp loyee auth ori zin g such deduction s in an y given pay period, ded ucti on fo r that pay period(s) wi ll be made from any wages which may be paid to him/her in the succeedi ng pay peri od(s). It is expressly und ersto od th at th e City assum es no li abi li ty and shall not be I iable for the collection or payment to the Eng lewoo d Empl oyees Associatio n of any dues during any time th at an employee is not actually working for th e City and actually on the payroll of th e City. In the even t of error on th e check-off li st, th e City will not b e responsible to make adju stm ents, until notified by the Treas urer of th e Eng lewood Empl oyees Association. C. The Englewood Emp loyees Associatio n shall indemnify and hold the City harmle ss aga in st any and all claims, sui ts, orders, or judgments brought or issued against th e City as a result of any action take n or not taken by the City under the pro visio n of this Article . D. Changes in the dues am ount to be dedu cted shall be limi ted to two (2) changes eac h year, providing a thirty (30) day written notice is provided to Human Re so urces. E. Should the •.hange in the deduction meth od req uire a co mput e r programmin g change , the Eng lewood Employees Assoc iation shali be responsi bl e for th e cost of such change or changes, at $30 per hour with a four ( 4) hou r maximum . Payment from the Englewood Employees Association shall be made to the City Finance and Ad mini strative Services Director within ten (I 0) days of receipt of billing . J I ARTICLE 29 . ASSOC IAT ION ACTIVITI ES The City agrees that during worki ng ho urs on the City premi ses nn d wi th out loss of puy, Englewoo d Emp loyees Associatio n mem be rs ma y be allowed to: • attend two (2) EEA meetings annuall y. The City, howe ver , retain s th e right to maintain approp ria te staffi ng leve ls as determined by the department director nnd wi ll not be req uired to pay overtim e or compensat ory time necess itate d by attendance al the meetin g. Memb ers may be ca ll ed back from such meet ings to address emergencies. Other memb ership meetings may be calle d to address issues of general interest. If the se addit ional meetings are held during employees ' work shifts , th e C ity retain s the right to eith er approve or di sap prove attendance on City time (i.e., during times oth er than empl oyees' lunch and break periods). Notice of such meetings , specifying whethe r it is bi an .,ual or general interest will be pro si ded to directors , manar,ers and sup erv iso rs two weeks in advance , unless it is mu tually ag reed to waive thi s pro vision; • pos t EEA notices on City desig nated bulletin boards; • solic it EE -\ members hips during emp loyee's non-work t;m e. Ad ditionally , the Asso ciation ma y ca ll month ly meeti ngs of its bo ard , to be held during the board members · lun ch per ;o ds. One (I) week 's noti ce will be given to supe rvisors if th e meetings are expected to exceed th e lunch per iods. • Board members may also be all owed to repre sent emp loyee s on grievances. They will be all owed to • rep resen t empl oyees at labor management comm ittee meetings and negotiation s. Durin g negot iations , EEA negotiati on tea m membe rs may meet during work hours lo di sc uss issues with appropriate notice given lo directo rs, mana gers and superv isors . The Assoc iatio n tea m shall not excee d eight (8) members. • 32 • • • ARTICLE30. STANDBYPAY Sta ndby pay is defined as co mpen satio n for employees co vered by thi s contract v•ho mu st be immediatel y ava il able to respond while off duty. All employees covered by thi s co ntract and assigned standby du-cy shall be compensated at n rate equal to eight (8) hours at his/her regu lar rate of pay for one week of sta ndby duty . Standby pay shall be prorated for standby duty of less than one week . (Exa mple : an emp loyee assigned standby duty for one day will be compensated at a rate equa l to 8 hours /7 = 1.14 hours). Standby pay shall not be substituted with compen sa tory time . 33 ARTI CLE 3 1. CALL BACK Any tim e an empl oyee on off-d uty sta tu s (i ncludin g stand-by du ty) is ca lled back to wo rk he /she shall be credit ed with a minim um of two (2) hours pay at th e ro te of one and one-half (I 1/2) tim es hi s/her regul ar hourly rate. With th e app ro val of th e departm ent direc tor and subj ec t lo dep artm ental guid elin es, th e empl oyee may choose to sub sti t ute co mpensatory ti me fo r call back pay. 34 • • • • • • ARTI CLE 32 . LABOR MANAGEMENT CO MMITTE E A labo r man age ment co mmittee cons isting of four (4) members appoi nted by the Assoc iati on an d fo ur (4) members appointed by th e City shall meet on a qu arterly basis . The committee will onl y deal with group issues that are not dealt wi th through other existi ng co mmittees or gri evance proced ures . Th e Assoc iati on will se nd its agenda items to th e Hum an Resources Direc tor at least one (I) week prior to the date of the quarterl y meet in g. City policy change s will be presented at th e quarterly labor manageme nt co mmitte e mee tings. Emerge ncy poli cy changes will be immediately forwarded to th e Assoc iati on for di stribution . ll ARTICLE 33 . EXCLU SIVE NESS OF CON TRA CT The Cit y and the Asso ciat ion ag ree th at th e term s and provi sions herein conta ined con stitute th e enti re contract between the parti es. Th e City and th e Asso ciati on agree that all ne go tiab le item s have be en di scu ss ed durin g the negotiation s leadin g to thi s contract and. there fo re , agree th at negotiat ions will not be reo pened un any item durin g th e life of thi s eo ntra ct, exc ept by mutu al agree ment of th e parti es. IN WITNE SS TH EREOF , th e part ies have cau sed thi s co ntract to be sign ed by th eir res pecti ve repre sentatives, and th eir sig nature s placed thereon, on thi s ______ da y uf June , 2009 at Eng lewood , Colorado . ENGL EWOOD EMPLOYEES AS SOCIAT ION 36 CITY OF ENGLEWOOD City Clerk, Lo ucri shi a A. Elli s City Manager, Gary Sears • • • • • • COUNCIL COMMUNICATION Dal e: I Agenda It em: Subject : July 6, 2009 I 11 c i Coll ec tiv e Bargaining Agreem ent Between th e City and the EEA for 20 10 and 20 11 Initiated By : I Staff Source: H uman Resou rces Department Su e Eaton, Di rec tor of Human Resources COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The previous Collective Bargaining Agreement with th e Engl ewood Employees Asso ciati on was approved by Council for 2008 and 2009. RECOMMENDED ACTION Staff requ es ts Council approval of the Collective Bargaining Agreement b e,ween the Englewood Empl oyees Assoc iation and th e City of Englewood for th e years 20 10 and 201 1. Th e contract covers approximately 198 employees . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood and th e Engl ewood Em ployees Associat ion entered in to negotiations in May of 2009 in acco rdance w ith th e City of Englew ood Charter. The memb ers of th e Englewood Employees Associa ti on duly ratified, b y a majority vote, the Coll ective Bargaining Agree m ent. The signi ficant changes to th e con tract are as fo ll ows: 1. N o wage in c reases or m erit pay will be awarded in 20i0. 2. Th e duration of the contract w ill be Ja nuary 1, 2010 through December 3 1, 2011, except that ei th er party may reopen n egotiations o n : compensa ti on, overtim e, personal leave and/or short term di sa bility by May 15, 2010. 3. The City will pay $100 per month for Retiree H ea lth In surance Ass ista nce to empl oyees retiri ng on or after January 1, 20 10. Th e previous benefit was $75 per mo nth . FINANCIAL IMPACT The financial impac t of #3) will be approxim ately $800. The impact of #2) is not kn own at this tim e . LIST OF ATTACHMENTS EEA Coll ectiv.' Bar gai ning Agreement for 20 10 and 20 11 Resolution