HomeMy WebLinkAbout2007 Resolution No. 051•
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RESOLUTION NO . _sf_
SERIES OF 2007
A RESOLUTION AUTHORIZING THE COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE ENGLEWOOD EMPLOYEES ASSOCIATION AND THE CITY OF
ENGLEWOOD FOR THE PERIOD OF JANUARY I, 2008 THROUGH DECEMBER 31, 2009.
WHEREAS, the City Council of the City of Englewood authorized "The Collective
Bargaining Agreement" with the Englewood Employees Association for January I, 2006 through
December 31 , 2007 , by the passage of Resolution 49 Series 2005; and
WHEREAS, the City of Englewood and the Englewood Employees Association entered into
negotiations in May, 2007 in accordance with the Englewood City Home Ruic Chaner and the
contract provisions; and
WHEREAS. the passage of this Resolution will authorize the provisions of the "Collective
Bargaining Agreement" between the Englewood Employees Association and the City of
Englewood for the period 2008 and 2009; and
WHEREAS, there arc no significant changes to the Contract.
I. All wage increases will continue to be based upon employee performance as indicated by the
perfonnancc evaluation score .
2. No base wage increases will be granted emplo yees whose wages meet or exceed the
maximum point of their jobs ' grades. The) will be granted a one-time, lump sum Merit Pay
award based upon performance as indicated by the performance evaluation score .
3. The duration of the collective bargaining agreement will be from January I, 2008 through
December 31, 2009 .
WHEREAS, the elected representatives of the Englewood Employees Association duly
ratified the Collective Bargaining Agreement for 2008 and 2009;
NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, AS FOLLOWS ;
~-The City Council of the City of Englewood, Colorado hereby approves the
Collective Bargaining Agreement between the Englewood Employees Association and the City of
Englewood for the period ofJanuary I, 2008 through December 31 , 2009, a copy of which is
attached hereto as Exhibit A .
~-The Mayor and the City Clerk are hereby authorized to aian and attest the •
Collective Barpining Agreement between the EnaJcwood Employ-Association and the City of
Englewood, Colorado, for the period of January I, 2008 throuflh December 31, 2009 .
ADOPTED AND APPROVED this 18~ June, 2007 .
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I, Loucrishia A. Ellis, City Clerk for the City of Englew
above is a true copy of Resolution No . 51_, Series of2
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COLLECTlVE BARGAINING AGREEMENT
BETWEEN THE
CITY or ENGLEWOOD
AND THE
ENGLEWOOD EMPLOYEES ASSOCIATION
JANUARY I , 2008 -DECEMBER 31 , 2009
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ARTICLE I INTRODUCTION
ARTICLE2 DURATION OF CONTRACT
ARTICLE3 RECOGNITION 4
ARTICLE4 EMPLOYEE RIGHTS
ARTICLES HOURS OF WORK 6
ARTICLE6 OVERTIME WORK 7
ARTICLE? ACTING PAY 8
ARTICLES COMPENSATION 9 • ARTICLE 9 LONGEVITY COMPENSA 1 ION 10
ARTICLE 10 ANNUAL LEA VE II
ARTICLE II PERSONAL LEA VE 12
ARTICLE 12 SHORT TERM DISABILITY (STD) 13
ARTICLE 13 WORKERS' COMPENSATION 15
ARTICLE 14 MILITARY LEA Vi,. 16
ARTICLE 15 FUNERAL LEA VE 17
ARTICLE 16 JURY DUTY AND WITNESS SERVICE 18
ARTICLE 17 HOLIDAYS 19
ARTICLE 18 UNIFORM CLEANING ALLOWANCE 20
ARTICLE 19 rumoN REIMBURSEMENT/DEGREE ACHIEVEMENT 21
RECOGNmON •
ARTICLE20 LIFE INSURANCE 22 •
ARTICLE21 INSURANCE 23
ARTICLE22 RETIREE HEAL TH INSURANCE 24
ARTICLE23 PENSION /RETIREMENT PLANS 25
ART ICL E24 LAYOFF 26
ARTICLE 25 LEA VE OF ABSENCE (WITHOUT PAY) 27
ARTICLE26 GiUEVANCEPROCEDURE 28
ARTICLE27 WRJTTEN CORRECTIVE ACTION 30
ART ICLE28 DUES DEDUCTION 31
ARTICLE29 ASSOCIATION ACTIVITIES 32
ARTICLE30 STANDBY PAY 33
ARTICLE31 CALL BACK 34 • ARTICLE 32 LABOR MANAGEMENT COMMITTEE 35
ARTICLE33 EXCLUSIVENESS OF CONTRACT 36
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CONTRACT
BETWEEN THE CITY OF ENGLEWOOD
AND THE
ENGLEWOOD EMPI IJYEEs ASSOCIATION
ARTICLE I. INTRODUCTION
This conb'act entered into by the City of Englewood, Colorado, and the Englewood
Employees Association has as its purpose the promotion of harmonious relations between the City of
Englewood and its Employees, a fair and peace ful procedure for the resolution of differences; the
establishment of rates of pay and hours of work, and other conditions of emp loy ment as set out in
the City Chaner.
Except where limited by express provisions elsewhere in this c,,,,tr.11 I ; ::othing in this
contract shall be construed to restrict, limit or impair the rights, powers i.i.:! a~.brity of the City as
granted to it under the laws cf the State of Colorado and the City's Charter and Municipal Code . The
rights, pow m, and authority include , but are not limited to, the following:
A. To determine the overall mission of the City as a unit of government.
B. To maintain and improve the efficiency and effectiveness of City operations.
C. To determine the services to be rendered, the operations to be performed, the
technology to be utilized, or the matters to be budgeted .
i). To determine the overall methods, proce sses , means ,job classifications or personnel
by which City operations are to be conducted.
E. To direct, supervise , hire, promote , IJ'ansfer, assign, schedule, rt!ain or lay-off
employees .
F. To suspend, discipline , discharge , or demote for just cause, all full-time permanent
classified employees .
G. To relieve employees from duties because of lack of work or funds, or under
conditions where the City determines continved work would be inefficient or nonproductive .
H. To talce whatever other ~ctions may be necessary to cany out the wishes of the public
not otilerwise specified herein or limited by a collective bargaining contract.
I . To talce any anil •ii actions to Cllll'Y out tiie mis.ion of the City in casea of emergency ,
J. Nothina contained herein shall preclude the City from conferring with its employees
for purposes of developina policies to effecllllte or implement any of the above enumerated riahts .
The City retains the riaht 10 change any past !· acrice which is not in violation of th is
contraci. In the event a pul praclice is sough1 to be ch ,,,ged by 1he City Manager or departmenl
directors, the Enalewood Employees Association will t ;,rovided reasonable written notice of the
intended change. The Englewood Employees Assoc ii1•'un rnlll ins the right to grieve any change in
practice which is in violation of this contract.
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ARTICLE 2. DURATION OF CONTRACT
A. Thi1 contract will take effect on January I, 2008, and shall continue in force to and
including December 31,2009 .
B. This contract or any part of ii may be tcnninatc.1 or renegotiated at any lime by
mutual consent of both panics .
C. If any article or section of this contract should be hcla invalid by operation of law or
any Court of compclcnl jurisdiction , or if comrtiancc with or cnforcct,,cnt of any article or section
should be restrained by such Court, the remainder of this contract shall, ·ot be affected thereby and
this contract shall remain in full force and effcc~ and the panics shall prt-mptly mcel and negotiate
for the purpose of attempting lo arrive al a mutually satisfactory repla, emcnt for such article or
section .
D. The parties agree and understand that provisions relating to employees covered by
this contract shall in no way displace or modify present or future statutory case law of the State of
Colorado ,
E. The parties acknowledge that during negotiations which resulted in is contrac~ each
had the unlimited right and opportunity to make demands and proposals with respect to any subject
or matter appropriate for contract negotiations and that the understandings and agreements arrived at
by the parties after this exercise of that right and opportunity are set forth in the contract.
ARTICLE 3, RECOGNITION
The City recognizes the Englewood Employees Association as the sole organization certified
pursuant to the provisions of the Charter of the City of Englewood as the exclusive representative for
the public employees within the following bargaining unit :
Included: All full-time, classified employees of the City .
Excluded : All supervisory, managerial, confidential, part-time , temporary, and
contractual employees, and all employees hired through the use of Federal, State or other outs ide
funding sources fo r special projects or programs, and all others who may be determined prior to or
during the life oftl>ts contract as provided under the City Charter.
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ARTICLE 4, EMPLOYEE RIGHTS
A full-time classified employee who is not excluded per Arti . le 3. (Recognition) of this
contract shall have the right :
A. To form, join, support or participate in, or to refrain from forming, joining,
supporting, or participating in the employee organization or its lawfil! activities; and
B. Bargain collectively through their certified employee representative .
C. No employee shall be interfered with , restrained, coerced or discriminated against
because of the exercise of these rights nor shall the right of an individual employee to discuss
employment concerns with the City be infringed upon .
ARTICLE 5. HOURS OF WORK
All departments, functions or activities shall observe office and working hours nece s~ary for
the efficient transaction of their respective services .
A. All employees covered by this contract shall work at least forty (40) hours per wer.k.
The work week shall consist offive (5) eight-hour shifts, or other work schedules as determined by
the department director per the "Modified Workweek Schedules" policy. All employees shall be
scheduled to work a regular work schedu le and each shift shall have a regular starting and quitting
time . Should the work schedule be changed, affected employees will be notified 24 hours i ,
ad vance ex ce pt in the case of an emergency as determined by the department director .
B. Emp loyees shall be entitled to two (2) paid re st periods not to ex ceed fifteen (15)
minut es or one (I) thirty (30) minute rest period for each shift worked . Rest periori, sha ll be under
th e co ntrol of the supervisor or department director .
C. When possible, employees who work beyond their regular quitting time into an
overtime situation will be eligible for a fifteen ( 15) minute rest period before th ey begin the overtime
work. When po ss ible, additional rest periods will be granted under the control of the supervisor or
department director similar to rest periods granted under subparagraph B. above .
D. When necessary , employees shall be granted a fifteen (15) minute personal clean-up
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period prior to the end of each shift . The clean-up period shall be under the control of the supervisor •
or department director.
E. All employees will be granted an unp aid lunch period during each shift . As a normal
occurrence, this lunch break will commence between the beginning of the third hour and the
beginning of the sixth hour of the shift. An employee and supervisor may agree to waive this time
limit due to work rel ated or personal is sues.
See City of Englewood Administrative Policy # 2, ''Hours of Work/Overtime ", and Policy
#3, "Meal Bre aks", for fu rlher clarification .
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ARTICLE 6. OVERTIME WORK
A. For all employees covered by this contract, except u specified below , duties
performed over and above the usigned work schedule shall be considered overtime.
B. FLSA non-exempt (hourly) employees shall be compensated for overtime work at the
rote ofone and one-half (I• l/2) times the normal pay rate or compensatory time off, computed at the
rate of one and one-half (1-1/2) times . Because compensatory time is accrued at one and one-half (l-
1/2) times, it shall not be considered as "hours worked" for purposes of overtime calculation .
The City retains the right to assign overtime work to any employee qualified to perform the
work .
ARTICLE 7. ACTING PAY
All persons appointed to an acting position , at the sole discretion of the Direc,or, will be
compensated at the minimum rate of the acting position pay range or 5% above the employeo 's
current rate of pay, whichever is greater. The employee must be in M acting capacity for thirty (3 0)
consecutive calendar days before said employee becomes eligible for 11(.li!i e pay . Such pa ; .,.,n be
retroacti ve to the first day the employee assumes the responsibility of the position .
See City of Englewood Administrative Poli cy Manual , Policy #I , "Acting Pay" for
discussion of acti ng pay for positions not covered by this contract.
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ARTICLE 8. COMPENSATION
The City's pay philosophy is to position lhe maximums of EEA pay grades at the median of the
m xi mums of t!te market.
A. RECLASSIFICATION OF POSITI ONS
I fa job is reclassified to a grade higher than it occupied prior to the Salary Survey (as defined in
the Compensation and Classification Plan document) the incumbent's pay wi,I remain the same
until his/her next Performance Evaluation. If however, the employee's r,ay at the time of
reclassification is below the minimum oflhe new grade range , it will bt broucht to the minimum
of the new grnde range prior and in addition to any increase based upon the Performance
Evaluation score as described below .
B. WAGE INCREASES
Employees whose wages are below the maximum point of th eir grade range are eligible for a
base pay building developmental increa se, from 3% to a maximum of 5%, on their annual
evaluation date .. An employe e's increase percent is based on the score re ceived on his/h er
Performance Evaluation, not to exceed the maximum of the grade range .
Employees who have progressed through the developmental zone and reached the maximum of
their grade range will no longer be eligible for base pay building increases. They will, however,
be eligible for a one-time, lump -sum, Merit Pay award. The Merit Pay award is based on the
score received on the employee's Performance Evaluation.
Employees in the developmental zone whose evaluation scores would raise their pay above the
maximum of the range, will be given base pay increases to the r·aximum of the grade range
only. Any additional award will be non base building and awarded in the form of Merit Pay.
Note : Regardless of the Total Score on the Performance Evaluation, no pay increase or Merit
Pay award will be granted if an employee is on a Performance Improvement Plan in any area .
Once the conditions of the PIP have been met, the employee will receive the appropriate
increase, retroactive to the PIP completion date .
C. A change in the evaluation date will re sult when :
(I) The employee is on leave without pay . (See Article 27.) Leave of Absence
(Without Pay)
(2) The employee terminates his employment and later is reemployed. The new
evaluation date shall be determined by his new employment date .
Fundamental changes to the above will be made only with prior consultation and review with
association represrntatives .
ARTICLE 9. LONGEVITY COMPENSATION
Effective January I, 1984, and thereafter, all new hires shall not be eligible for longevity
compensation as provided for under this Article. In ·.ddition to an employee's monthly salary, the
<'mployee shall be eligible for longevity compensation based upon the number of years of conti nuous
1,ervice wit!, the City and shall be derived from the following schedule :
Years of
~ Am ount of Compensation
15-19 $36 per month for $43 2 !'•r year, e: .ept for those employees who have not
completed 16 full years of continuous servi ce on December I of any year,
which employee shall receive $288 plus an amount equal to $12 for each full
month of completed cont inuou s service after completion of 15 years of
service up to December I.
20 or more $48 per month for $576 per year, except for those employees who have not
completed 21 full years of continuous se rvice on December I of any year,
wh ich employee shall receive $432 plus an amount equal to $12 for each full
month of completed continuous service after completion of 20 years of
continuous service up to December I.
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ARTICLE 10. ANNUAL LEA VE
Employees hired after January I, 1984, and covered by this contract shall cam annual leave
each pay period as follows :
Length of Ho,,rs per Hours per Earning
Service Pay Period Year Limits
I. 0-4 Years 3.08 80 160 Hrs .
(thru 48 mos .)
2. 5-9 Years 4.62 120 240 Hrs .
(49 thru 108 mos .)
3. 10+ Years 6.15 160 320 Hrs .
(109+ mo s.)
Accumulation of annual leave shall neither be authori zed nor computed for any purpose after the
maximum earning limit has been reached.
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The schedule for use of annual leave shall be determined by the needs of the department.
Annual leave shall be taken at the time convenient to and approved by th e department director or
supervisor. However, the City will make reasonable efforts to accommodate the request of an
employee to use annual leave where a genuine emergency situation exists .
Annual Leave Pay
The rate of annual leave pay shall t · the employee's regular straight time hourly rate of pay
for the employee's regular job . Annual ,e shall be allowed only to the total hourly amouut
accumulated 1.p to and during the pay period in which the leave is taken.
Work During Annual Leave
If, after the employee has begun his/her annual leave and the City requires the employee to
work (. ring the scheduled annual leave period, the employee will not be charged with vacation time
for the number of hours worked.
Annual Leave Pay Upon Separation
When an employee terminates employment with the City, they will be compensated for
unused annual leave earned as of the date of separation . Annual leave is not to be used to extend an
employee's date of separation .
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ARTICLE 11, PERSONAL LEA VE
All employees covered by this contract shall be granted 48 hours of personal leave time with
pay which an employee is entitled to use for the following purposes :
A. Employee's own illness/injury
B. Illness/injury of employee's family
C. To attend to personal business
For any employee who has not u,ed the 48 hours of personal leave time ending October 31 of
each year or any portion thereof, th, City will compensate said employee for the unused time at ,he
employee's regular wage rate to b ~id during the month of November of that year. Personal \eave
time shall not exceed 48 hours no, ., ."111 it be accumulated or carried over from one year to the next.
Personal leave shall be scheduled an ·1 administered under the direction of the department director or
supervisor . In the event ofillness/in,ury in which personal leave is requested , shift work employees
shall notify their supervisor at least one (I) hour prior to their scheduled reporting time . Personal
leave shall be prorated for employees beginning and terminating employment with the City during
the November I-October 31 time period .
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ARTICLE 12, SHORT TERM DISABILITY (STD)
(Fonnerly Temporary Disability -Non Job-Related)
Short tenn disability (STD) granted for non-service coMected injury or illness of an
employee with at least ninety (90) days of service with the City, whose disability prevents the
employee from perfonning his/her duties. STD is paid at I 00% of the employee 's regular hourly
rate .
The City agrees to provide employees covered by this contract STD leave with pay for
employees absent as a result of illness/injury as follows :
9 I days-4 years
(t'· -· 48 mos .)
5-~ years
(49 thru 108 mos .)
JO+ yrsrs
(109+ mos .)
347 v,orking hours
520 working hours
693 working hours
STD leave shall not be accumulative . January I of each year the City shal l restore I 00% of
the number of hours used by an employee during the preceding year as follows :
91 days-4 years
5-9 years
JO+years
Utilization
"P to a maximum of 173 working hours
up tn a maximum of 260 working hours
up to a maximum of 347 working hours
A. Authori zation for STD leave with pay shall only be granted after the first nonnal
daily shift of disability . The elimination shift to access STD shall be taken and paid in the following
order : personal leave , aMual leave , compensatory time. If all accrued leaves have been exhausted ,
the elimination shift shall be t ken as leave without pay.
B. Authorization for STD shall only be granted for personal illness or injury, not service
coMected, including maternity related disability .
See City of Englewood Administrative Policy #3 I, "Family and Medical Leave Act
(FMLA)".
Sick Leave Option
All sick leave accrued by permanent employees prior to January 1, 1980 shall vest with the
employee, and may be used in the following manner :
A. After exhausting STD hours.
B. By cashing in all accrued sick leave accumulated under the previous plan upon
nc,,mal retirement from the City at ~e rate of one hour's pay for each two hours of accrued sick
leeve or one hour's pay for each four hours upon separation from the City .
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C. By ca:1hing in accNed sick leave, once each year at the con,ersion rate of four (4)
hours sick leave for one (I) hour pay, not to exceed a conversion of more than 400 hours each year.
Reportjng of STD
The employee or a mer,ber of the employee's household shall notify the employee's
supervisor at least one hour prior to the employee's scheduled reporting time. No STD leave will be
granted to an employee who fails to notify their supervisor prior to the begiMing of the employee's
work shift .
Verjfication ofDisabjljty
If absence from work is three (3) days or more, a medical release must be provided to the
employee 's supervisor, who will forward it to Human Resources for possible Family and Medical
Leave qualification .
Abuse of STD
Abuse of STD occurs when an employee misrepresents the actual reason for requesting ST D
or when an employee uses STD leave for unauthorized , •urposeg, An employee who makes a false
claim for STD leave shall be subject to disciplinary action up to and including termination .
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ARTICLE 13. WORKERS' COMPENSATION
A. For any on-the,job injwy which causes an employee to be absent from work as a
result of such injury, the City shall pay to such employee his full wages from the first day of his
absence from work up to and including the 90th calendar day of such absence , less whatever sums
received by the employee as disability benefits under workers' compensation . The City requires any
employee on workers ' compensation to submit toan examination(s) by City-appointed physician(s)
at the City's expense or under the provision of workers ' compensation . If the injury or illness
results in an absence of over 90 days, the employee may request to supplement the 66&2/3% wage
benefit granted by the provisions ofwor!:ers' compensation with personal leave, annual leave or sick
leave (if applicable). Short tenn disability i! 1vailable only for non work related illnesses or
injuries, so cannot be used as a supplement to the workers ' compensation benefit.
B. All workers' compensation injuries shall be reported to the employee's supervisor
within 24 hours of the injury or before the emp loyee leaves their department of employment.
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ARTICLE 14. MILITARY LEA VE
The authority fo: ,his policy is derived from the provisions of the Uniformed Services
Employment and Reemployment Rights Act of 1994 (USERRA) and Section 28-3-601 C.R.S.
through Section 28-3-607 C.R .S.
The City is obligated to grant military leave without loss of pay for absences no t exceeding
fifteen (15) days in any calcnda, year. Fifteen (15) dnys equates to fiOccn 8-hour days, or 120 hrs .
The City cannot require an employee to use annual leave for such purposes. The employee may .
however . request use of vacation . compc,~satory time. or leave without pay to supplement absences
exceeding those covered by the fiOccn (15) day military leave allowance.
Military leave of absence will result in no loss of any condition of employ. ·,cnt that would
ha v, .. Jrma ll y occurred if the employee had not been absent for such purpo ses .
Employees arc responsible for providing their department directors copie s of all military
orders th at will result in a leave of absence for active military duty . Employees arc also required to
notify their supervisors at the earliest possible date upon learning of scheduled military duty .
Employees who fail to return to work according to the provisions of USERRA and Section
28-3-601 C.R.S . through Section 28-3 -607 C.R.S. arc subject to disciplinary action up to and
including tennination.
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Employees must remit to the City any pay received by the military for the period of time the •
employee is on paid military leave . This remittance sha ll occur immediately upon roceipt of the
military pay (in instances that th o military pay is greater than the employee's City pay, the employee
may elect to for ego City paid military leave).
The City will make a reasonable effort to adjust work schedules and assignments to
accommodate employees fulfilling military obligations.
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ARTICLE 15. FUNERAL LEAVE
Full-time employees arc eligible for up to forty (40) hours of funeral leave , Annual or
personal leave may be requested if additional time off is necessary . Funeral leave applies to
members of the employee's family , For purposes of this policy, "Employee's Family" will mean
the employee's spouse, or the children, grar,dchildren, parents, grandparents, brothers, and
sisters of the employee or of the employee's spouse,
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ARTICLE 16. JURY DUTY AND WITNESS SERVICE
Leave will be granted to an employee called for jury duty or to appear as a witness in
his/her official capacity in obedience to a subpoena or direction by legal authority . The employee
will receive their regular salary for jury duty served . Any jury pay will be reimbursed to the City.
The employee may retain any reimbursements for mileage and parking. Em ployee s on jury duty
or called as a witness in their official, City capacity will be expected to work as ,11uch of their
regularly scheduled workday as their jury duty schedule or appearance in court pennits .
When an employee is subpoenaed as a witness in private litigation to t:stify, not in his
official capacity but as an individual , accumulated leaves will be used to cover the time absent.
All accumulated leaves must be exhausted before the time •bsent can be taken as leave without
pay .
Employees will not be paid overtime or .:am compensatory time for time served as a juror
or a witnes~. Overtime is computed on hours actually worked over forty (40) hours at the
assigned job.
An employee must return to work after being excused from jury duty if there arc more
than two (2) hours left in their regularly , scheduled workday.
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ARTICLE 17, HOLIDAYS
A. The following days shall be considered official holidays by the City and all
employees covered by this contract shall be entitled to ninety-six (96) hours of holiday pay :
I. New Year's Day : January I.
2. Martin Luther King Day : the third Monda y in January .
3. President's Day : the third Monday in February .
4. Memorial Day : the last Monday in May .
5 Independence Day : July 4.
6 Labor Day : the firs t Monday in September .
7 Veteran's Day : November 11 .
8. Thanksgiving Day : the fourth Thursday in November.
9 Fourth Friday of November following Thanksgiving Day .
IO Christmas Eve : December 24 .
11. Christmas Day : December 25.
12 . New Year 's Eve Day: December 31 .
B. Any employee co vered by this contract who does not perform duty scheduled en the
working days or have approved paid leave immediately prior to and following a holiday shall not
receive pay for the holiday .
C. Employees required to work on an official City holiday will receive approved
holiday pay at two and one halftimes the employee's regular hourly rate for holiday hours actually
worked up to 8 hours . Hours worked over ', hours wi ll be paid at th e overtime rate (t im e and one-
half).
follows:
For departments permitting other holiday compensation options , the procedure s are as
a.. Approved straight time pay for number of hours actually work ed on the
holiday up to 8 hours (hours worked over 8 will be paid at th e ov ertime rate of time
and one-half) IN ADDITION TO up to 8 hours of Comp Time (accrued at time and
one-half) to be taken at a later date ; OR
b. Approved holiday pay at two and one-half times the emp loyee's regu lar
hourl y rate for holiday hours actually worked up to 8 hours . Hours worked over 8
hours will be paid at the overtime rate (time and one-half.)
D. When one of the foregoin, holidays falls on a Sunday , the following Monday shall be
observed as the legal holiday . Whr ., uny of the foregoing holidays fall on a Saturday, each
Lnployee shall be entitled to a day off for such holiday, which day off shall be scheduled as the City
Manager determines , but no specific day shall be observed as a holiday for purpos.~ of closi ng City
offices and functions.
See City of Englewood Administrative Policy #33 , "Official Holidays", for further
clarification .
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ARTICLE 18, UNIFORM CLEANING ALLOWANCE
If an employee is required to wear a unifonn, the employee shall wear the unifonn only as
authorized by the department work rules . The City will prov ide unifonns, cleaning and
replacements. The City will provide SO% of the cost of required work shoes up to a maximum of
$90 per year except with department director approval. All employees shall maintain a presentable
appearance while on duty . The employee is responsible for any damage to the unifonn by
negligence or deliberate act.
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ARTICLE 19. TUITION REIMBURSEMENT/ DEGREE ACHIEVEMENT RECOGNITION
See City of Englewood Administrative Policy #29, "Tuition Reimbursement/Degree Achievement Recognition" .
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ARTICLE 20, LIFE INSURANCE
Tenn life insurance will be provided by the City for employees covered by this contract;, !he
amount of one time his/her annual salary . The minimum benefit is $30,000 and the maximum
benefit is $50,000 . Upon separation from employment, the employee may convert the life insurance
per the life insurance plan conversion agreement in place at the time of his/her separation from
employment.
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ARTICLE 21, INSURANCE
A. MED)CAL
The City will pay ninety percent (90%) of the premium cost for "employee only"
coverage, eighty-five percent (85%) of the premium cost for "empl oyee plus one" coverag~
and eighty percent (80%) of the premium cost for "family" coverage for medical insurance ,
Employees will pay either ten percent (10%), fifteen percent (15%), or twenty percent (20%)
of the premium cost for medical insurance, depending on the level of coverage.
B. DENTAL
The City wili pay ninety percent (90%) of the premium cost for "employee only"
coverage, eigbty-.'ive percent (85%) of th e premium cost for "employee plus one" coverage
and eighty percent (80%) of the premium cost for "family" coverage for dental insuranc e
Employees will pay either ten percent (I 0%), fifteen percent (15%), or twenty percent (20%)
of the premium cost for dental insurance, depending on the level of coverage .
C. Any dispute concerning the interpretation or application of benefits provided
under the health or dental plans shall be subject to the plan appeal process . It is expressly
understood that this article is a non-grievable item under this contract.
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ARTICLE 22, RETIREE HEALTH INSURANCE ASSISHNCE
Retirees will be guaranteed conversion privileges to the Health Insurance Conversion Plan
availPble through the City. For those who retired prior to December 31 , 1996, the City will pay $50
per month . For retirees after January I, 1997, the City will pay $75 per month .
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ARTICLE 23. PENSION/RETIREMENT PLANS
The pension ;,Ian description for employees covered by this contract is set forth in Title Ill,
Chapter 4 or the Englewood Municipal Code . Add!tionally, the plan description for the Non-
Emergency Employees Money Purchase Plan is availab le for inspection in the Department or
Finance and Administrative Servic es .
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ARTICLE 2,. LAYOFF
A. Whenever there is lack of work, lack of funds, or under conditions where it is
determined that continued work would be inefficient or nonproductive, requiring reductions in the
number of employees, the appointing authority shall designate the department and positions in which
the layoff is to be made. In identifying individual employees to be laid off, the appointing authority
shall consider the relative ability of all employees within the position classification, taking into
account the employee 's documented performance history and then seniority with the City .
B. Employees laid off shall be put on a recall li st for one year following their layoff.
Employees recalled from layofl'inlo the ~amejob classification shall be recalled in inver se order of
layoff. If they arc recalled into a different position , th ose rec~llcd mu st have the demonstrated
ability and qualification s to perform the available work as det ermined by the City . No new
employees shall be hired into positions covered by this contract until all employee s on layoff statu s
des iring to return to work have been recallerl .
C. Employees identified for layoff shall have the right to di splace an emplo yee in any
po sition classification which the employee formerly held in the department, taking into ac count both
the employees' documented performance history , demonstrated ability and then se niority with the
City . The employee ultimately displaced shall then be the person laid off unle ss th at employee in
tum has effective displacing rights under the provisions of this article .
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ARTICLE 25. LEA VE OF ABSENCE (WITHOUT PAY)
After twelve months of continuous service and upon approval of the department director,
in concurrence with the Human Resources Director, employees may be granted an u·:paid leave
of absence of up to one year for compelling personal reasons not related to Family and Medical
Leave reasons .
All accrued , paid leave must be exhausted befort the beginning of the unpaid leave of
absence . Employees on such leave do not accrue personal leave, annual leave or longevity pay .
Employees on unpaid leave of absence are not eligible for holiday, jury, military, funeral or
administrative le ave . Wh en an employee is on an unpaid leave of absence, he/she will remain in
the City health and dental insurance plans, provided the full premium is paid by the employee.
The employee may retain the benefit accrual rate they were eligible for al the beginning
of the unp•;,, leave, provided the employee returns lo work with the City on the agreed upon
date . Upo " celllm, the employee 's hire date will be adjusted if the leave has exceeded thirty (30)
calendar days .
An employee who engages in other employment, including self-employment , while on
official leave of absence, will be lcnninated effective as of the last day worked , unless prior
written approval has been obtained from the Human Resources Department.
Employees on an approved leave of absence, who fail to report for work by the fir st day
after the expiration date of the leave of absence or a properly approved extension, will be
tenninated from their employment with the City as of the last day aclllally worked .
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ARTICLE 26. GRIEVANCE PROCEDURE
A grievance is defined as a claim or dispute by an employee covered by the terms of this
contract concerning an alleged violation ofa specific provision of this contract . The employee shall
be required to follow the procedu re as sci out below:
A general grievance is defined as a grievance that concern s a group of employees or the
bargaining unit in general. A general grievance can only be tiled by the Association within the time
frame specified in St ep I, and the initial review will occur by the department director al Step 2
below.
A. "Work Day" means calendar days exclusi ve of Saturdays , Sundays , and City
recognized holidays.
Step I.
If the employee is unable to settle the grievance or dispute orally and informally through
his/her immediate supervisor within five (5) working days of the date of the occurrence of the
grievance, or the employee's knowledge of it , the employee may, within the succeeding five (5)
work days, tile a written grievance with his/her supervisor. The supervisor shall attempt to adjust
the matter and shall respond in writing to the employee within five (5) work days.
Step 2.
If the answer is not satisfactory, the matter shall be presented in writing by the employee to
the department director within five (5) work days following receipt of the supervisor's response. The
department director shall respond in writing to the employee within five (5) work days .
Step 3.
If the grievance still remains unadjusted, it shall be presented by the employee to the City
Manager in writing within five (5) work days following receipt of the response of the department
director. The City Manager or his/her designated hearing officer shall have a meeting with the
grievant to review the grievance and all relevant information. Within ten (I 0) work days of that
IT' .ating, the City Manager or his/her designated hearing officer will issue a written deci sion.
Step 4.
I. If the grievance is still unresolved, the Association within fourteen (14) calendar days
after the reply of the City Manager or his/her designated hearing officer, may by written notice
request the matter be submitted to arbitration . The parties will attempt to choose a mutually
agreeable arbitrator. If within five (5) days of the request for arliitration the Association and the City
cannot mutually agree on an impartial arbitrator, a request will be tiled with the American
Arbitration Association for a panel of seven (7) arbitrators to be sent to the parties . The arbitrator
shall be selected by a method of alternative striking of names from the panel, with the first strike
determined by a coin flip . The final name left on the panel shall be the arbitrator . The arliitrator
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shall be requested to issue a decision within thirty (30) days after conclusion of testimony and •
argument.
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2. Each party shall be responsible for compensation to its own representatives and witnesses.
The fees of the arbitrator shall be borne equally by the Association and the City .
3. Authority of Arbhrator
The arbitrator shall have no power to add to or subtract from or change the terms of this
contra ct The written decision of the arbitrator shall be final and bindin g upon the parties . The
arbitrator shall limit his decision strict ly to the grievan ce submitted which has been properl y
processed through the grievance procedure outlined .
4. Failure by an employee or the Association to comply with any time limitation shall
cons:itut e a settlemen t of the gri evance. Should the employer not respond within the prescribed
time, the grievance will automatically proceed lo the next step. At the employee's option , the
employe r may be allowed additional time 10 respond .
Grievance Option
It is agreed that sho uld the appeal procedure as provided under 138:3 of the City Charter or
applicable City ordinance is utili ze d, recourse to the grievance procedure included in this Anicle
shall be waived .
Processing Grievance During Working Hours
Grievances may be invcstir.ated and processed by the employee or designated employee
representative during wo rking ht within reasonable time limits , without loss of pay , provided
notice is given and the work load permits .
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ARTICLE 27, WRITTEN CORRECTIVE ACTION
Whenever more serious arounda for corrective action exist (i .e., more serious than those deemed
by the supervisor to wmant oral corrective action) the supervisor should iuue a written corrective
action , The written corrective action will be addressed to the employee and will include the
following information :
• The violation
• The specific behavior
• The dates of the behavior
• The warning that continuance of the 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 (if necessary, the supervisor will note
that the employee 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 penonncl 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 grievable under this contract, nor shall it apply to probationary
employees.
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ARTICLE 18 . DUES DEDUCTION
A. The City agrees to deduct the Englewood Employees Association dues each pay
period from the pay of those employees who individually request in writing that such deductions be
made , subject to the garnishment laws of the State of Colorado . The amounts to be deducted shall be
cenified to Human Resources by the Treasurer of the Association, and the aggregate deductions of
all employees shall be remitted together with an itemized statement to the Treasurer by the I 5th of
the succeeding month , after such deductions are made . The authori zation shall be revoca ble during
the term of the contract, upon written notice by the employee to Human Resources.
B. lfno wages are paid to an employee authorizing such dedu ct ions in any given pay
period , deduction for that pay period(s) will be made from any wages which may be paid to him/her
in the succeeding pay period(s). It is expressly understood that the City assumes no liability and
shall not be liable for the collection or payment to the Englewood Employees Association of any
due s during any time that an employee is not actually working for the City and actua ll y on the
payroll of the City . In the event of error on the check-off list, the City will not be responsible to
make adjustments , until notified by the Treasurer of the Englewood Employees Association .
C. The Englewood Employees Association shall indemnify and hold the City harmless
agai nst any and all claims, suits, orders, or judgments brought or issued against the City as a re sult
of any action taken or not t,ken by the City under the provision of thi s Articl e.
D. Ch anges in the d~es amount to be. deducted shall be limited to two (2) changes each
year, providing a thirty (30) day written notice is provided to Human Re sources.
E. Should the change in the dedu ction method require a computer programming change,
the Englewood Employees Assoc iation shall be responsible for the cos t of such change or changes ,
at $30 per hour with a four (4) hour maximum . Payment from the Englewood Employees
Association shall be made to the City Finan ce and Administrative Services Director within ten ( I 0)
day s of receipt of billing .
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ARTICLE 29. ASSOCIATION ACTIVITIES
The City agrees that during working hours on the City prem is es and without loss of pay,
Englewood Employees Assoc iation members may be allowed to:
• attend two (2) EEA meetings annually. The City , however, retains the right to maintain
appropriate staffing levels as determined by the department director and will not be
required to pay overtime or compensatory time ne cess itated by attendance at the
meeting . Members may be called back from such meetings to address emergencies.
Other membership meetings may be called to address issues of general interest. If the se
additional meetings are held during employees' work shifts , the City retains the right to
either approve or disapprove attendance on City time (i.e., during times other than
employees ' lunch and break periods). Notice of such meetings, specifying whethe r it is
biannual or general interest will be provided to directors , managers and supervisors two
weeks in advance , unless it is mutually agreed to waive this provision ;
• post EEA notices on City designated bulletin boards;
• solici t EEA memberships during employee's non -wo rk time .
Additionally, the Association may call monthly meetings of its board , to be held during the board
members' lunch periods . One (1) week's notice will be given to supervisors if the meetings are
expected to exceed the lunch periods .
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Board members may also be allowed to repre sent employees on grievances . They will be allowed to •
represent employees at labor management committee meetings and negotiations . During
negotiations, EEA negotiation team members may meet during work hours to discu ss issues with
appropriate notice given to di rectors, managers and supervisors. The Association team sha ll not
exceed eight (8) members.
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ARTICLE30. STANDBYPAY
Standby pay is defined as compensation for employees covered by this contract who must be
immediately available to respond while off duty . All employees covered by this contract and
assigned standby duty shall be compensated at a rate equal to eight (8) hours at his/her regular rate
of pay for one week of standby duty. Standby pay shall be prorated for standby duty of less than
one week . (Example : an employee assigned standby duty for one day will be compensated at a rate
equal to 8 hours/ 7 = 1.14 hours).
Standby pay shall not be substituted with comp ensatory time .
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ARTICLE 31. CALL BACK
Any time an employee on off-duty status (including stand-by duty) is called back to work
he/she shall be credited with a minimum of two (2) hours pay at the rate of one and one-half (I 1/2)
times bis/her regular hourly rate .
With the approval of the department director and subject to departmental guidelines , the
em ployee may choose to substitute compensatory time for call back pay .
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ARTICLE 32, LABOR MANAOEMENT COMMITTEE
A labor manaaemont -IIIN eonal11lna of four ( 4) mombm appolntod by the Association
and four (4) mcmbm appointod by tho City 1h1ll meet on I quanorly bul1. The committee will
only deal with poup i11uo1 th11 are nol doall with throuah other oxi11ina committees or grievance
procedures . The A110ei11ion wlll aend 111 111onda IIOIN lo lho Human Rc1ourcc1 Director at lcul
one (I) week prior lo the d11c of the quancrly mce1ln11 ,
City policy chanacs will be pre1entcd al the quancrly labor managcmcnl committee
mcclings. Emergency policy chanac• will be immcdialely forwarded lo lhc Associalion for
distribution .
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ARTICLE 33. EXCLUSIVENESS OF CONTRACT
The City and the Association agree that the tenns and provisions herein contained constitute
the entire contract between the parties. The City and the Association agree that all negotiabk items
have been discussed during the negotiations leading to thia contract and, therefore. agree that
negotiations will not be reopened on any item during the life of this contract , except by mutual
agreement of the parties .
IN WITNESS THEREOF, the parties have caused this contract to be sign~d by their
respective representatives, and their signatures placed thereon, on this _____ day of
_June, 2007 at Englewood , Colorado.
ENGLEWOOD EMPLOYEES
ASSOCIATION
f<obert E. Stephenson, President
Johny Lujan , Vice Pre si dent
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CITY OF ENGLEWOOD
May or, Olga Wolosyn
ATTE8T:
City Clerk, Loucrishia A . Elli s
City Manager, Gary Sears
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• COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
Junt 18, 2007 11 Ci Collecti ve Bargaining Agreement between th e City
and the EEA fr.; 2008 and 2009
Initiated By: I Staff Source:
Human Resources Department Sue Eaton, Direct or of Hum an Resources
COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION
The previ ous Collecti ve Bargaining Agreement with the Engl ewoo d Empl oy ee As socia ti on wa s
appro ved by Council for 2006 and 20 07.
RECOMMENDED ACTION
Staff requests Council ad opt a Res oluti o~ approving th e Collective Bargaining Ag ,.,ement betwe en
the Englewood Employees Associati on an -~ th e City of En glewoo d fo r th e years 20 08 and 2009 .
The contract covers appr ox imatel y 199 empl oye es.
BACKGROUND, ANALYSIS, ANO ALTERNATIVES IDENTIFIED
The City of Engle wood and th e Erogle wood Empl oyees Associ ati on entered into nego ti ations in May
of 2007 in accordance with th e c ;ty of Engl ew ood Charter . The memb ers of the Engle wood
Employees As sociation dul y ratified , by a majority vo te, th e Coll ecti ve Bargainin g Agree ment.
No significant change s to the co ntract were mad e. All wa~e increas es will continu e to be based
upon employee perform ance as indicated by th e perform ar ce evaluation score. No base wage
increases will be grant ed employees whose wages meet or ••c eed the maxi mum point of their
jobs ' grades . The y wi ll be granted a one-tim e, lump su m M , .:'. Pay awa rd based up on perform ance
as indicated by the performance evaluation score .
The duration of the collective bargaining agreem ent will be from January 1, 2008 through
December 31 , 2009
FINANCIAL IMPACT
The impact of the wage increases and Merit Pay awards to the General Fund will be approximately
$179,000 for 2008 . The Impact of the wage increases and Merit Pay awards to the General Fund
for 2009 will be approximately $186,160. Additional costs associated with the wage changes
(F.I.C.A, Medicare and 401 (a) match) will be approximately $26 ,223 for 2008, for a total of
$205,223 . Additional custs associated with 2009 wage changes will be approximately $27,272 for
a total of $213,432.
The EEA wages assoc iated with the General Fund are 51 % of the total EEA wages, so the fln:.,,clal •
impact c,rganlzatlonally Is r1pproximately ~:,ice the amount listed above .
LIST OF ATTACHMENTS
Proposed Resolution
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