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HomeMy WebLinkAbout1981 Ordinance No. 063~ .. ~ BY AUTHORITY 7~ • :• ORDINANCE NO. ~.! SERIES OF 1981 COUNCIL BILL NO. 66 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN CITY OF ENGLEWOOD, COLORADO, AND ENGLEWOOD EMPLOYEES ASSOCIATION, EFFECTIVE JANUARY 1, 1982 THROUGH DECEMBER 31, 1983. WHEREAS, a tentative agreement dated July 8, 1981 by and between the City of Englewood and the Englewood Employees Association has been executed by representatives of each of the said parties; and WHEREAS, said tenative agreement was duly ratified by a majority of the members of the Englewood Employees Association; and WHEREAS, Section 5-10-lO(c), as amended, requires that the tentativ.e agreement be approved by Ordinance duly passed by City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the tentative agreement dated July 8, 1981 by and between the City of Englewood, Colorado, and the Englewood Employees Association, effective January 1, 1982 through December 31, 1983, a copy of which is attached hereto and made a part hereof, be and the same is hereby approved. Section 2. That the Mayor of the City of Englewood is hereby authorized and directed to execute the collective bargaining agreement between the City of Englewood and the Englewood Employees Association dated July 8, 1981, and the Director of Finance, ex officio City Clerk-Treasurer, shall attest the same. Section 3. A copy of said agreement is on file with the Director of Finance, ex officio City Clerk-Treasurer, a summary of which is as follows: Said Agreement consists of 15 typewritten pages, titled "Memorandum Of Understanding Between The City Of Englewood And The Englewood Employees Association." The duration of the Agree- ment is from January 1, 1982 to and including December 31, 1983. • I • •• • The Agreement recognizes the Englewood Employees Association and defines those persons included in said Association and those persons excluded from said Association. Employee rights are defined in Article III thereof. The hours of work are generally 40 hours per week with exception for certain shift work. Over- time work is generally compensated at the rate of 1-1/2 times normal rate of compensation. Certain positions are allowed compensatory time off. Provision is made for acting pay, merit increases, longevity compensation, annual leave, personal leave, disability, on-the-job injury/disability, military leave, funeral leave, jury duty and witness service. Holidays are established in the Agreement. A uniform cleaning allowance is provided for those employees required to wear uniforms. A tuition refund program is established. Life insurance, dental insurance, and health insurance are provided at certain rates. Retirement benefits, layoff procedure, leave of absence and grievance pro- cedures are established in the Agreement. Dues deduction is provided for. Certain Association activities are permitted. Standby pay is established, callback provisions are established and maintenance of benefits is assured. Compensation is provided for in the Agreement and provides for 9.5% increase on base wage rate ef~ective January 1, 1982. The parties have agreed to reopen wage negotiations only based upon a wage survey to be conducted in October, 1982. The foregoing is only a summary of said Agreement and does not in any way affect or modify the terms or conditions contained in said Agreement, said Agreement being fully implemented hereby. Introduced, read in full, and passed on first reading on the 3rd day of August, 1981. Published as a Bill for an Ordinance on the 5th day of August, 1981. Read by title and passed on final reading on the 17th day of August, 1981. Published by title as Ordinance No. ~../, Series of 1981, on the 19th day of August, 1981. ~;f,"~ ~ ----F.j{qene -L: -Otis, Mayor Attest: ~~-A·-~~ ex orfTcT67C1ty crnlC-Treasurer -2- I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. ~ , Series of 1981. (A~-~~ ~ 7, 7 - -3- • • MEMORANDUM OF 1:NDERSTANDIMG BETWEEN THE CITY OF ENGLEWOOD AND THE / ENGLEWOOD EMPLOYEES ASSOCIAUON This Agreement entered into by the City of ID&lawood, Colorado and the Englewood Employees Association haa as its purpo.e the promotion of harmonious relations between the City of Englewood and ita Baployeea, a fair and peaceful procedure for the resolution of differencea; the eat..,lishment of rates of pay and hours of work, and other conditions of employaet u aet out in the City Charter. Except where limited by express proviaiaoa ela.,bere in tbia Agreement, nothing in thia Agreement shall be conatruad to natrict, lillit or impair the rights, powers and authority of the City u aranted to it under the laws of the State of Colorado and the City's Olarter and llullicipal Code. 'lbe rights, powers, and authority include, but are not 11.aitad to, the following: A. Determine the overall mission of the City u a unit of govftmment • B. To maintain and improve the efficiency and ef fectiveoeas of City operations. c. To determine the services to be rendered, the operations to be performed, the technology to be utiliaed, or the .. ttera to be budgeted. D. To determine the overall methods, proceasea, meana, job classifications or personnel by which City operations are to be conducted. E. To direct, supervise, hire, promote, transfer, assign, schedule, retain or lay-off employees. F. To suspend, discipline, discharge, and demote for caWiJe, 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 way be necessary to carryout the wishes of the public not otherwise specified herein or 11.llited by a collective bargaining agreement. I. To take any and all actions to carry out the mission of the City in cases of emergency. J. Nothing contained her~in shall preclude the City from conferring with its employees for purpose of developing policies to effectuate or implement any of the a bove-enumerated riahta. ,. '· • Page 2 The City retains the right to chan~~ ~ny past practice which is not in conflict with this Agreement. In the event a paat practice is sought to b~ changed by the City Manager or Department Beada, the Association will be provided prior notice of the intended change. The Association retaiDIJ the right to grieve any change in practice which is in conflict with this Agreement. ARTICLE I. DURATION OF AGRE ~MENT A. This Agreement shall take effect on January l, 1982 and shall continue in force to and including December 31, 1983. B. This Agreement, or any part of it, may be terminated or renegotiated at any time by mutual consent of both parties. c. If any article or section of this Agreement should be held invalid by operation of law or any Court of competent juriadiction, or if compliance with or enforcement of any article or section should be restrained by such Court, the remainder of this Agreement shall not be affected thereby and this Agreement shall remain in full force and effect, and the parties shall promptly meet and confer for the purpose of attempting to arrive at a mutually satisfactory replacement for such article or section. D. 'lbe parties agree and understand that provisions relating to employees covered by this Agreement shall in no way displace or modify present or future statutory or case law of the State of Colorado. E. Tile parties acLQOwledge that during negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter appropriate for meet and confer discussions and that the understandings and agreements arrived at by the parties after this exercise of that right and opportunity are set forth in this Agreement. ARTICLE II. RECOGNITION TI\e City recognizes the Englewood Employees Association as the employee organization certified by the Career Service Board of the City of Englewood as the exclusive representative for the public employees within the following bargaining unit: Included: All full-time, classified non-emergency employees of the City. Excluded: All supervisory, managerial, confidential, part-time, temporary, seasonal, and contractual employees, students and all employees hired through the use of Federal, state or other outside funding sources for spe c ial projects or programs, anJ all others who may be determined by the Career Service Board prior to or during the life of this Agreement as provided under the City Charter. ARTICLE III. EMPLOYEE RIGHTS A full-time classified emvloy ee who is not a confidential employee, a ma nagerial employee, or a supe rvisor shall h~ve the right: • • Pai>e ·i A. To form, join, support or participate in, or to refrain from forming, joining, supporting, or participating in any employee organization or its lawful activities; and B. Bargain collectively tbrouah their certified employee representative. c. No employee shall be interferred with, reatrained, coerced or discriminated against because of the exarda• of these rights nor shall the right of an individual employee to discuu employment concerns with the City be infringed upon. ARTICLE IV. HOURS OF WORK All departments, functions or activiti• ahall obaena office and working hours necessary for the efficient tranaaction of their reapective services. Such have been determined for non-emeraency 911Ploye .... follows: A. All employees covered by thia Aar•••t ahall work at leut forty (40) hours per week, or in the caae of abift work, a\ average of forty (40) hours per week. 'lbe work week shall conaiat of five (S) eight-hour shifts, or other work schedules as determined by the department bead with approval of the City Manager. B. Employees ahall be entitled to two (2) rest periods not to exceed fifteen (15) minutu for each day of work. Rest periods shall be under the control of the auperviaor or department head. ARTICLE V. OVERTIME WORK A. For all employees covered by this Agreement, except as specified below, duties performed over and above the .. aigned work schedule shall be considered overtime. Overtime shall not be computed nor compensation allotted on previously accrued overtime. B. All personnel subject to overtime shall be compensated for overtime work at the rate of one and one-half (l's) timea the normal pay rate or compensatory time off during normal work houra, computed at the rate of one and one-half (l~ times. The City retains the right to aasign overtime work to any employee qualified to perform the work. C. The following positions shall be excluded from the above overtime provision. The current practice of offering compensatory time off for these positions shall continue. 1. Accountant 2. Prograamers/Prograaaers-Analyat Wastewater Treatment Plant/Finance 3. Associate Planner 4. City Surveyor 5. Sales Tax Auditor 6. Associat~ Housing C<.>ordinator 7. Engineering Iner c ctor 8. LibrariKn I 9. City Service Worker V • • • Page 4 ARTICLE VI. ACTING ¥AY All acting positions will be compensated at one-half the difference between the employee's actual classification and that in which he is acting as approved by the appointing authority, namely the City Manager. The employee must be in the position for a period of thirty (30) conaecutive calendar days before said employee becomea eligible for acting position compensation. Such pay will be retroactive to the first day said employee aaaumea the responaibilities of the position ., .. ARTICLE VII. MERIT lNCREASF.S All merit increases provided for the employee will be considered upon the anniversary date and shall not be considered automatic, but rather, based upon performance. Said merit increase may be granted or denied to any individual employee upon recommendation of the department head and with the approval of the City Manager upon notice to such individual 9111Ployee. Th• date in which the •rit increaae ia approved shall determine the new Mrit anDiveraary data. ARTICLE VIII. COMPENSATION A. ~ch eq>loyee in the classified service shall be paid at one of the rates set forth in the pay plan for the claaa in which he ia employed. B. At least the minimum rate of pay for a class shall be paid to an employee who is starting his employment with the City. c. When a regular full-time position not under the claaaif ied service is brought into the classified service, the rat• of pay of the incumbent may be set by the City at the step closest to his currant rate in the arade established for the class. In such cases there will be no reduction in pay. D. A change in anniversary date will result when: (1) The employee i• on leave without pay. The previous anniversary date shall be adjusted one month for each twenty-two (22) working days of leave without pay in any twelve ( 12) month period. (2) The employee terminates his employment and later is re-employed. The new anniversary date shall be de terained by hi• new employment date. (3) When it is determined that the employee merits an increase, the date of the increase will determine the new annivaraary date. E. Employees of the City of Englewood repreaanted by the Englewood Employees Association and covered by this Agreement ahall receive a 9.5 percent increase on the base wage rate effective January 1, 1982. F. 'nle parties agree to reopen waae negotiationa only based upon a waae survey to be conducted prior to October l, 1982. Negotiationa shall comance on October 1, 1982 and conclude on or before November 1, 1982. Frozen poaitiona shall be negotiated separdtely. ' • • Pag t: .J ARTICLE IX. LONGEVITY COMPENSATION In addition to an employees monthly salary, the employee shall be eligible for longevity compensation based upon the number of years of continuous service with the City and shall be derived from the following achedule. Years of Service Amount of Compenaation 0-4 None 5-9 $12 per month for $144 per year, except for those employees who have not completed 6 full years of continuous service on December 1 of any year, which employees shall receive an amunt equal to $12 for each full month of completed continuous service after completion of 5 years of continuous service up to Decmber 1. 10-14 $24 per month for $288 per year, except for thoM employees who have not completed 11 full years of continuous aervice on December 1 of my year, which employees shall receive $144 plus an amunt equal to $12 for each full month of completed continuous service after completion of 10 years of continuous aervice up to December 1. 15-19 $36 per month for $432 per year, except for those employees who have not completed 16 full years of continuous service on December 1 of any year, which employee shall receive $288 plus an amount equal to $12 for each full month of completed continuous service after completion of 15 years of service up to December 1. 20 or more $48 per month for $576 per year, except for those employees who have not completed 21 full years of continuous service on December 1 of any year, which employee ahall receive $432 plus an amount equal to $12 for each full month of completed continuous service after completion of 20 years of continuous setvice up to December 1. All TI CLE X. PROBATIONARY EMPLOYE~ The probationary period for all newly appointed employees shall be twelve (12) months from the date of hire. After completion of the probationary period, the employee shall be given permanent status. ARTICLE XI. PROMOTIONS A. A promoted City emplc>yee shall receive a minimum of one step increase in pay and serve a twelve (12) month probationary period in the nMF poeition; provided, however, that after having satisfactorily served in aa1d new poeition fOT a period of at least six (6) months, the head of the department to which the employee waa promoted may recommend permanent status in the new position for the employee prior to the expiration of the twelve (12) month period. Should the appointing authority approve permanent status for the employee prior to the expiration of the twelve (12) month probationary period, the employee shall be considered to have permanent status. Upon attaining permLn ~enl: status in the new position, the employee ahall rece~ve a one step increa~e in pay; provided, however, that the additional step ia avai.dble in the new grade. ' • • Page.: li B. Any permanent employee in the '-luaified service upon being promoted to a n ew positi on in the Career Service System •hall have probationary atatua aa set out above in any position to which ha waa promoted, but ahall retain permanent stat us in his previous claasification and aay transfer back or be returned to that previous position at any time durina the probationary period at the discretion of the appointing authority. ARTICLE XII. AN~lJAL LFAVE A. Employees covered by thi• Aareamant ahall accumulate annual leave monthly at the rate of l~ days per month of active aervice. Annual leave shall not be granted to any employee until after complation of twelve (12) months consecutive service with the City unleaa otherwiae authorized by the department head. In order to qualify for annual leaw credit during the month, ·t~e employee must have worked for at leaat one-half (it) of the working days of that llODth excluding authorized paid leave. For those employ ... havin& lea• thm ten (10) years continuous service, the .. xi•\11 accUllUlation of annual leave shall be thirty (30) days. B. After ten (10) years of continuous Hrvice with the City, employ•• shall accumulate annual leave at th• rate of lit days of annual leave per month of active service. In order to qualify for annual leave credit during the mnth, the employee must have worked for at lea•t one-half (lt) of the working days of that month excluding authorized paid leave. 'lbe maximum accumulation shall be 40 days. c. Accumulation of annual leave shall neither be authorized nor computed for any purpose after the aaxiaum accumulation h .. been reached. Use The schedule for uae of annual leave ahall be determined by the need• of the department. Annual leave shall be taken at a time coovenient to and approved by the department head or supervisor. Annual Leave Pay 'nle rate of aN\ual leave pay shall be the employees regular straight time hourly rate of pay for the employees regular job and charged on a working hour basis, excluding holidays and regular days off. Annual leave shall be allowed only to the total hourly amount accumulated at the beginning of the leave, as verified by the depart111ent head. Employees may receive their annual leave pay no earlier than three (3) days prior· to the atart of their annual leave, provided the employee makes a written request to their superviaor fifteen (15) calendar days prior to the start of their annual leave. Work During Annual Leave If after the employee has begun their annual leave and the City requires the employee to work during the scheduled annual leave period, the employee shall not be charged with vacation time for the number of hour& worked. ' • •• Pag e 7 How Charged Annual leave for employees shall be charged on a work-day basis excluding regular days off. Annual Leave Pay Upon Separation Any employee who is separated from the service of the City, i.e. n:tir~ment, termination or layoff, shall be compensated for the unused annual leave time accumulated at the time of separation. ARTICLE XIII. PERSONAL LEAVE Effective January 1, 1982, all employees covered by this Agreement shall be granted 48 hours of personal leave time with pay which an employee is entitled to use for the following purposes: A. Time lost as a result of illnes11/injury to the employee or the employee'• immediate family. B. Attend personal business. C. Leisure time • For any employee who has not used the 48 hour11 of personal leave time ending December 31, of each year or any portion thereof, the City will compenaate 11aid employee for the unused time at the employeea regular wage rate to be paid the first pay period in January of each succeeding year. Personal leave time llhall not exceed 48 hours nor shall it be accuaulated or carried over from one year to the next. Personal leave shall be scheduled and administered under the direction of the Department Head or supervisor. In the event of illness/injury in which personal leave is requested, shift work employees shall notify their supervisor at least one (1) hour prior to their scheduled reporting time, all other employees shall report at the beginning of their scheduled reporting time. Personal Leave shall be prorated for employees beginning and terminating employment with the City during the calendar year. ARTICLE XIV. DISABILITY -TEMPORARY (NON JOB RELATED) Definition Temporary disability is leave granted for non-service connected injury or illness of an employee which d isability prevents the employee from performing his/her duties as a City employee. Provision Effective January 1, 1982, the City agrees to provide temporary disability leave with pay for employees absent as a result of illness/injury at the rate of 100% of the employee's regular wage up to 120 calendar days of disability. .; " :• • L'agc B Temporary disability leave shall n t;'. be accuaulative except that on J 'anuary 1 of each year the City shall restore 100% of the number of clay• used by an employee during the preceeding year up to a maximum of 60 days. Utilization A. Authorization for temporary diaability leave with pay ahall only be granted after the firat day of disability. B. Authorization fo1· temporary disability ahall only be granted for the fol l owing reaaona: 1. Personal illness or injury not aarvice connected, including maternity. Sick Leave Qption All sick leave accrued by peruaent UIPloY-prior to January 1, 1980 shall veat with the employee, and •Y be uaed in th• follov:l.D& •nner: A. After the 120 days u ducribed abow, haw been uaed, unleaa th• employee is entitled for retinmnt u a ruult of diaability. B. By cashing in all accrued sick leave accumalated under the previous plan upon normal retir..-nt frOll th• City at th• rate of one hours pay for each two hours of accrued sick leave or one houra pay for each four hours upon separation fro• th• City • c. By caahing in accrued sick leave under the previous plan, once each year at the converaion rate of four (4) houra sick leave for one (1) hour pay, not to exceed a conversion of more than 400 hours each year. Reporting of Temporary Disability The employee or a member of the employee's household ahall notify the employee'*' supervisor prior to the employee'• scheduled reporting time. No temporary disability leave will be aranted to an employ•• who fail• to notify their s upervisor prior to the beginning of the employee'• work achedule. Verification of Disability It shall be the responsibility of th• depart•nt head or auperviaor to determine the validity of eligibility of th• t9111Porary diallbility. His signature on the leave requeet form noting t.-porary diaability entit1-nt aball indicate a uch determination. An at tending phyaicim' • • tat .. nt will not be neceaaary until after three (3) day• of diaability except when required by the Dapart .. nt Head. Abuae of Temporary DiaabilitY Abuse of temporary disability occur• when a al!ploya• lliarepreaanta the actual reason for requesting temporary diaability or when an employee uaes temporary disability leave for unauthori•d purpoaea. An employee who 118k• a f alse claim for temporary disability leave aball be subject to cliaciplinary action or diamiaaal. .. 'I - • shall be obaerved as the legal tao11aay. ••n my o-r -cn-.-ro-wgo1n1 nonaaya ~sr-...-------' on a Saturday, each e...,loyee shall be entitled to a day off for such holiday, which day off shall be 1tche1duled as the City Manager determines, but no specific day shall be observed as a holiJay for purpoae of cloaing City offices and functions. ' :,····· .. '· •• ,. l'a~c l l AR TICLE XX. UNIFORM CLEANING AU.OWANC~ If an employee ia required to wear a uniform, the employee shall wear the uniform only •• authoriud by th• depart•nt work rules. The City will continue to provide uniforma, cleanina and replac .. mata. Th• City will provide 50% of the cost of required work ahoea up to a aaximua of $30 per year except with Department Head approval. All •llPloyeu ahall maintain a presentable appearance while on duty. The employee i• ruponaible for any damage to the uniform by negligence or deliberate act. ARTICLE XXI. TUITION REFUND The tuition refund program will be continued by the City baaed upon the f undin& formula of $20 per peraon per nUllber of employees covered by this Agreement. ARTICLE XXII. LIFE INSUIANCE Term Life Insurance will be provided by th• City for employees covered by this Agreement of $20,000 for each employee. A conversion privilege upon retirement of 50% coverage payable by the employee will be made available by the City for sa.id retired employee • ARTICLE XXIII. DENTAL INSURANCE During the life of this Agreement, tha City shall pay 100% of the premium cost for the City Dental Inaurance Plan or other plan which may be selected by the City a• a aubatitute for the City Dental Plan for each single and dependent policy bolder. Employees shall aaaume any premium rate increaae during the life of this Aareement in exceas of $10 of single and $30 of dependent coverage. Any dispute concen1ing the interpretation or application of benefits under the Dental Plan shall be subject to the dispute resolution procedure only. (It is expressly understood that this proviaion ia a non-grievable item under thia Agreement.) ARTICLE XXIV. HEALTH INSUll~CE -EMPLOYEa/UTIUF.S A. During the life of the Agreement, the City ahall pay 100% of the premium cost for the City Health Insurance Plan or other plan which may be selected by the City as a substitute for the City Health Plan for each single and dependent policy holder. Employees shall assume any premium rate increase during the life of this Agreement in excess of 10% of the 1981 premium for single and dependent coverage. B. Any dispute concerning the interpretation or application of benefits provided under the Health Insurance Plan shall be subject to the diapute reaolutio procedure only. (It is expressly understuod that this provision is a non-grievab item under this Agreement.) " • • L'agt! 8 Temporary disability leave shall 1H ;'. be accuaalative except that on January 1 of each year the City shall restore 100% of the number of day• uaed by aa employee during the preceeding year up to a maximum of 60 daya. Utilization A. Authorization for temporary diaability leave with pay ahall only be granted after the first day of disability. B. Authorization fol' temporary disability ahall only be granted for the following reasons: 1. Personal illness or injury not aervice connected, including maternity. Sick Leave Qption All aiclt leave accrued by permanent employ_. prior to January 1, 1980 shall veat with the employee, and may be uaed in th• follovin& •nner: A. After the 120 days as described above, have been uaed, unle•• th• employee is entitled fur retirement aa a ruult of diaability. B. By. cashing in all accrued sick leave accumulated under the previous plan upon normal retirement from the City at the rate of one hours pay for each two hours of accrued sick leave or one hours pay for each four hours upon separation from the City • c. By cashing in accrued sick leave under the previous plan, 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. Reporting of Temporary Disability The employee or a member of the employee's household shall notify the employee's supervisor prior to the employee's scheduled reporting time. No temporary disability leave will be granted to an employee who fails to notify their supervisor prior to the beginning of the employee's work schedule. Verification of Disability It shall be the responsibility of the department head or supervisor to determine the validity of eligibility of the temporary disability. His signature on the leave request form noting temporary disability entitlement shall indicate such determination. An attending physician's statement will not be necessary until after three (3) days of disability except when required by the Departmant Head. Abuse of Temporary Disability Abuse of temporary disability occurs when an employee misrepresents the actual reason for requesting temporary disability or when an employee uses temporary disability leave for unauthorized purposes. An employee who makes a false claim for temporary disability leave shall be subject to disciplinary action or dismissal. .. •• • •• P~gl! 10 exceed five (5) working days. For the p•J :..poses of this section, "employee's family" shall mean the employee's spouse, or the children, grandchildren, parents, grandparents, brothers and sisters of the employee or of the employee's spouse. Annual leave may be granted by the Department Head if additional ti• off 1a deemed appropriate. ARTICLE XVIII. JURY DUTY AND WITNESS SERVICE Leave may be granted to an employee for serving on jury duty or as a witneaa in his official capacity in obedience to a subpoena or direction by legal authority. He shall be entitled to the difference between his regular compensation and the fees received for jury duty or as a witness. When he is subpoenaed as a witness in private litigation to te~tify, not in his official capacity but as an individual, the time absent by reasons thereof shall be taken as annual leave or leave without pay. ARTICLE XIX. HOLIDAYS A. The following days shall be considered official holidays by the City: 1. 2 •· 3. 4 . 5. 6. 7. 8. 9. 10. 11. New Year's Day: January 1. Washington's Birthday: the third Monday in February. Memorial Day: the last Monday in May. Independence Day: July 4. Labor Day: the first Monday in September. Veteran's Day: November 11. 'lbanksgiving Day: the fourth 'lburaday in November. Fourth Friday of November following 'lbanksgiving Day. Christmas Eve: December 24. Christmas Day: December 25. New Year's Eve: December 31. B. Any eq>loyee covered by this Agreement who does not perform duty scheduled on the working days iaaediately prior to and following a holiday shall not receive pay for the holiday wtless otherwise authorized by the department head. C. Eligible employees other than shift work employees at the Wastewater Treatment Plant shall receive one day's pay or equivalent time off at the discretion of the department head for each of the holidays which they perform no work. Employees required to work on an official City holiday shall receive one and one-half (l~ tim·es the employee's regular rate of pay for All hours actually woI'ked in addition to the employee's regular pay for the holiday or time off at the rate of one and one-half (llU times the number of hours actually worked at the discretion of the department head. D. When any of the foregoing holiday• fall on a Sunday, the following Monday shall be observed as the legal holiday. When any of the foregoing holidays fall on a Saturday, each eq>loyee shall be entitled to a day off for such holiday, which day off shall be scheduled as the City Manager determines, but no apecific day shall be observed as a holiday for purpose of closing City offices and functions. , • ' • • Page 11 ARTICLE XX. UNIFORM CLEANING AU.OWANCE If an employee is required to wear a uniform, the employee shall wear the uniform only as authorized by the depart•nt work rules. The City will continue to provide uniforms, cleaning and replacements. The City will provide 50% of the cost of required work shoes up to a maximum of $30 per year except with Department Head approval. All employeea shall maintain a presentable appearance while on duty. The employee is responsible for any damage to the uniform by negligence or deliberate act. ARTICLE XXI. TUITION REFUND The tuition refund program will be continued by the City baaed upon the funding formula of $20 per person per number of employees covered by this Agreement. ARTICLE XXII. LIFE INSURANCE Term Life Insurance will be provided by the City for employees covered by this Agreement of $20,000 for each employee. A conversion privilege upon retirement Qf 50% coverage payable by the employee will be made available by the City for said retired employee • ARTICLE XXIII. DENTAL INSURANCE During the life of this Agreement, the City shall pay 100% of the premium cost for the City Dental Insurance Plan or other plan which may be selected by the City aa a substitute for the City Dental Plan for each single and dependent policy holder. Employees shall assume any premium rate increase during the life of this Agree•nt in excess of $10 of sin&l• and $30 of dependent coverage. Any dispute concerning the interpretation or application of benefits under the Dental Plan shall be subject to the dispute resolution procedure only. (It is expressly understood that this provision ia a non-grievable item under this Agreement.) ARTICLE XXIV. HEALTH INSURANCE -EMPLOYEr.&/aETIUES A. During the life of the Agreement, the City shall pay 100% of the premium cost for the City Health Insurance Plan or other plan which may be selected by the City as a substitute for the City Health Plan for each sin&le and dependent policy holder. Employees shall assume any premium rate increase during the life of this Agreement in excess of 10% of the 1981 premium for cin&le and dependent coverage. B. Any dispute concerning the interpretation or application of benefita provided under the Health Insurance Plan shall be subject to the dispute reaolutio procedure only. (It is expressly understuod that this provision is a non-grievab item under this Agreement.) ~ • • :• :• Page 12 c. Retirees prior to January l, l980 will be provided health insurance coverage by the City on a non-participat in~ basia. '11le coverage will coordinate with Medicaid and Medicare wherever applicable. Retirees after January 1, 1980 will be guaranteed converaion privilegu to th• Haalth Insurance Plan available through the City. '111• City will pay SOI of th• coat of cow rap of the conversion plan up to a maximum of $50 per month. ARTICLE XXV. RETIREMENT BENUITS '11le retirement benefits for employee• covered by thi• Agre.-nt are set forth in Title V, Chapter 9, latire•nt, of th• 1n&1wood Municipal Coda. 'lbe fallowing changea shall be iUde January 1, 1980. A. For prior servi~: • 75% of the members final average 8>Dthly compeoaa- tion, multiplied by the ndllber of years of credited prior aervice. B. For current service: 1.5% of final averaa• a>nthly compenaation, multiplied timu the umber of year• of credited current aerv.t.ca. ARTICLE XXVl. LAYOFF A. Whenever there is lack of work, lack of funda, or under conditions where it is determined that continued work would be imfficient or non-productive, requiring reductions in the number of employ••• the appointiD& authority shall designate the department and poaitiona in vbich the layoff ia to be made. Upon such determinations, the required number of •llPloY• .. in th• affected department and position shall be placed on a recall liat or trmafernd by th• appointiD& authority, each in order of hi• relative leqtb md quality of aervice u ahowo by the personnel records. B. Employee• on layoff ahall be recalled in tb• order of relative len&th and quality of service as ahown by the peraoanel ncorda piovidad that tho•• recalled have the demonstrated ability and .... qualificationa to perform the available work as determined by the City. 'l'he recall liat ahall terminate after one (1) year. ARTICLE XXVII. LEAVE OF ABSENCE (WITHOUT PAY) Eligibility Permanent employees may be granted a leave of abaence without pay for reasons of education which is allied to the dutiea of the City, aettle•nt of an eatate, child care, serious illnes• of a member of the employee'• family, but ahall not be used for the purpose of obtaining employment elawhere. Leave without pay shall not exceed six (6) months of any year but may be extended upon nquut for an additional six (6) mantha. 'lbe total leave tiae ahall not exceed one year. Upon return from approved leave, the employee will be reatored to their formar position if available or to a position comparable for which the eaployee is qualified. During periods of unpaid leave, eaiployeea shall not continua to accrue service credit or be eligible for any City benefit•• " :e ••••• I,. Page 13 Application for Leave A request for a leave of abaence without pay ahall be aubmitted in writing by the employee to the employee's department head. The requeat ahall indicate the reason the leave of absence is being requested and the approximate length of leave time requested. Consideration of I.eave Request 'lbe departmeut head shall grant or deny leave raqueata, taking into considera- tion the departments work force, work load and the employe .. requeat. Failure to Return If an employee f aila to return by the date of leave expiration, the employee shall be considered to have voluntarily reaigned from the aervice of the City. ARTICLE XXVIII. GRIEVANCE PIOCEDURE A grievance is defined •• a claim or diapute by an employee covered by the terms of this Agreement concerning an alleged violation of a specific proviaion of this Agreement. The employee shall be required to follow the procedure aa aet out below • A. "Work Day" means calendar daya excluaive of Saturdays, Sundays, and City recognized holidays. Step 1 If the employee is unable to settle the grievance or diapute orally and informally through his/her immediate superviaor within five work days of the date of the occurrence of the grievance, or the employees knowledge of it, the employee may within the succeeding five (5) work days file a written grievance with his/her supervisor. The supervisor shall attempt to adjuat the matter and shall respond in writing to the employee within five (5) work days. Step 2 If the answer is not satisfactory, the matter shall be presented in writing by the employee to the department head within five (5) work daya following receipt of the supervisor's response. The department head shall r .. pond in writing to the employee within five (5) work days. Step 3 If the grievance still remains unadjusted. it shall be preaented by the employee to the City Manager in writing within five (5) work days following receipt of the response of the department head. 'lbe City Manager or hia/h•r designated representative shall respond in writing within ten (10) work .days. • Step 4 If the grievance is still unsettled the Association or bargaining wait employee, within ten (10) work daJs after the reply of the City Manager or hia/her designated r c presentulive, mdy by written notice request the ma'ter be heard by ~ .. • • ,. Page 14 the Career Service Board. The Career Sc1"1 ice Board ahall be requested to .issue a decision within thirty (JO) days after conclusion of testimony and argument. Each party shall be responsible for compensation to its own representative• and witnesses. Failure by the Association or an employee to comply with any ti• limitation shall constitute a settle11ent of the grievance. Should the employer not respond within the prescrlbed time, the arievcace will automatically proceed to the next step. Auth ori ty of Career Service lioard The Career Service Board ahall have no power to add to or aubtract from or change the terms of this Agreement. The written deci•ion of the Board ahall be final and binding upon the partiea. The Board ahall limit ita deciaion atrictly to the grievance submitted which baa been properly proceaaad throuah the grievance procedure outlined. Grievance Option It is agreed that should the appeal procedure aa provided under 138:4 of the City Charter or applicable City ordinancea is utilized, recourae to the grievance procedure included in this Article shall be waived. Processing Grievance During Working Hours Grievances may be investigated and procaaaed by the employee or deai&nated employee representative during working hour• within re .. onable time limit• without loss of pay provided notice is given and the work load permi.ta. ARTICLE XXIX. DUES DEDUCTION A. Tile City agrees to deduct the Association dues once each 1110nth from the pay of those employees who individually request in writing that auch deductions be made, subject to the garnishment lawa of the State of Colorado. 'lbe amounts to be deducted shall be certified to the City Finance Director by the Treasurer of the Association, and the aggregate deductiona of all employees shall be remitted together with an itemized atatemant to the Treasurer by the 15th of the succeeding month, after auch deductions are made. 'lbe authorization shall be revokable during the term of the Agreement, upon a thirty-day written notice by the employee to the City Finance Director. B. Deduction shall be made from only one payment of wages each month, except that if no wages are paid an authorized employee on the last payday of a given month, deduction for that month will be made from any wages which may be paid to him/her on the next succeeding final monthly City payday. It is expressly understood that the City assumes no liability and shall not be liable for the collection or payment to the Association of any duea during any time that an e~loyee is not actually working for the City and actually on the payroll of the City. In the event of error on the checkoff liat, the City will not.be responsible to make adjustments, until notified by the Treasurer of the Aasociation. C. The Association shall indemnify and hold the City harm.leas against any and all claims, suits, orders, or judgmenta brought or issued agaioat the City as a result of any action taken or n o t taken by the City under the provision of this Article. -.. • Page 15 D. Olanges in the duea ame>UA~!· to be deducted shall be limited to two (2) changes each year, and provided a thil. LY (30) day written notice is provided the City Finance Director. E. Should th• chmp in the deduction amc>·unt or •thod require · a computer progranaina chan&•• the A8aociation shall be ruponaibla for that coat of such change or chan&•, at $30 per hour with a four (4) hour• •x1mm. Payment from the Aaaociation shall be •de to the City Finance Director within ten (10) claya of receipt of billing. ARTICLE XXX. ASSOCIATION ACTIVITIES The City agrees that during working hours on the City premises and without loss of pay, Association representatives may be allowed to: attend Association- management meetings; post Association notices; solicit Association memberships during eq>loyee' s non-work time; and represent employees on grievances and negotiations. ARTICLE XXXI. STANDBY PAY All employees covered by this Aareement 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. • ARTICLE XXXII. CALL BA<X Any time an employee on off duty status who is called back to work shall be credited with a minimum of two (2) hours pay at the rate of one and one-half (l'U times their regular hourly rate. ARTICLE XXXIll. MAINTENANCE or BENEFITS All wages, hours and other terma and conditions of employment granted to the employees covered by this Agre.-nt, the Englewood City Charter, or Municipal Code, shall continue in full force and effect at the highest level of benefita. In Witness Whereof, the parties have caused this Agreement to be signed by their respective representatives, and their signatures place thereon, on this 'a'~ay of Jk'I"! u~' 1981 at Englewood, Colorado. I CITY OF ENGLEWOOD ENGLEWOOD EMPLOYEES ASSOCIATION /7LJ,2 M ~ ~ /~ !/ .... ~ . ,,....,. ---- r T d:~ ~ 6fl/;j: tlJJtdW fl L?atJ q/ (r . ) :flt;!/!-·..;' ,~ ~u_ /~,,~- '