HomeMy WebLinkAbout2003 Resolution No. 068•
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llE SO LUTION \O.~
ElllES OF ~OO J
A RESOLUTION .-\UTHO RIZ l:-SG THE COLLECTIVE IJ .-IRG,\1:-SI NG .-IGREel ENT BETIVEE:-1
THE ENG L EWOOD E~IPLOYEES .-I SSOC l.-1 TI O:--.-INO T HE CITY OF ENGLEWOOD FO R THE
PER IOD OF JANVARYI. 200-1 THROUGH DECDIB ER 3 1. ,OOS
WHEREAS. thc C1ly Counc il of the City l)f Engkwoo<l :mth on zcd 'Thi.: Cnlh:.:1 1vc Bargainm g
Agreeme nt "\\ 1th the Englew ood Emplu ycc !I :\!lsm:1:.1110 11 fu r Ja nua ry I. 2003 throll gh Di.:ccmbc r 31. 2003 .
by the passage of k c!lo lutio n 62. Scncs :no I. Jnd
WHERE AS. thi.: Ci ty 0f Eng lewood .111d 1hc En gle wood Empluyccs Assm:i :n io n cntcrcd in1 0
nt:go tia tion s in Apri l. 200 3 m accorda nce with thi.: Englewood Ci ty Home Ru h: Charter and tht! conlrai.:1
provis io ns: and
WHER EAS, the clcctcd rc prcscnta 11 vcs of the Englcw(}{1d Em pl oyees .-\ssoc ialii:,n dul y r:ui ficd
rhe Co ll i.:ctivc Barg:t inin g Agrc cmc nl fo r 200.1 am.J 2005: and
WHEREAS. the pa ssage l.ll tl us Reso luti on will authorize 1he prci v1s1ons 1Jf 1he "Coll cc 1ivc
Bargai nin g Agreement" be tween 1hc En glewood Emp loyees :-\ss od.1 tion and the Ci ty of En glewood fo r the
ye:ir 2()0.l wi th wag es o.nd bcndi1s only fo r :005 to be ne goti at ed in ~004. and
WHERE . .\S, signifo::1111 ch:mges 10 1hc Con uac 1 include 1he fo ll ow in g: (I ) Emplo yees cove red by
the Con1 rac 1 will receive: ze ro perce nt \0%) inc rea se l.lve r the 2003 base w.ige ra te effective Janu ary I. 2C'J l
thro ugh De cember 31. :!004 .
NO W. THEREFORE. BE IT RESOL VED DY THE CITY COUNCIL OF THE CITY OF
E:SGLEIVOOD, COL ORADO . .-IS FOL LOWS:
~-TPe City Cll UnL'.il of th e City of E11g! :wood, C1J lorallo hereby :1pp mve s the C.>ll ective
Bargaining Agn:cme nl bctwec:n the Eng lc:wood Employees Assoc:iation and th c: Ci 1y of Englc:wooJ fo r the
pcri o<l 01 lanuary I. 200-l throug h Decc:mbe r 3 1. 200.J, :a L'.opy of whid is att ac he d hcrc tc JS Ex hib 11 A.
~-The ~fa yo r anJ 1hc: City Clerk arc he reb y au 1hon zcd to sign and attest thc Collec11vc
Barg :11 111ng Agrc emeni be tween the En~kwoo<l Empl oyees A~~JC 1:1t1un and the Ci ty ni Eng k wood.
(,JJorado. fo r 1hc: pcnod o f Janu ary 1 . .!00_. thro ugh Dece mber J l . ~00-l .
ADOPT ED .-1:-ID .-IP PR OV ED tlu s 7'' day of Ju ly. 200 3.
I. Lvucri s h1 a ·:· Elli s. Ci ty C !c:t f9' th!! ~ity a ~· En ~lcwood.
abl)vl! 1s a true copy o r Rl!s olutio n :'Io . 6 . Sc:nl!s ot 200J . ·
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COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE
CITY OF ENGLEWOOD
AND THE
ENGLEWOOD EMPLOYEES ASSOCIATION
JANUARY I, 2004 -DECEMBER 31 , 2005
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PAGE
ARTICLE I INTROD UCTION
ARTICLE 2 DURATION OF CONTRACT 3
ARTICLE) RECOGNITION 4
ARTICLE4 EMPLOYEE RIGHTS 5
ARTICLES HOURS OF WORK 6
ARTICLE6 OVERTIME WORK 7
ARTICLE 7 ACTING PAY 8
ARTICLES COMPENSATION 9
ARTICLE9 LONGEVITY COMPENSATION 10 • ARTICLE 10 ANNUAL LEA VE 11
ARTICLE II PERSONAL LEA VE 12
ARTICLE 12 SHORT TERM DISABILITY (STD) 13
ARTICLE 13 WORKERS ' COMPENSATION 15
ARTICLE 14 MILITARY LEA VE 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 TUITION REIMBURSEMENT 21
ARTICLE 20 LIFE INSURANCE 22 •
• ARTICLE21 INSURANCE 23
ARTICLE22 RETIREE HEALTH INSURANCE 24
ARTICLE 23 PENSION/RETIREMENT PLANS 25
ARTICLE 24 LAYOFF 26
ART ICLE25 LEA VE OF ABSENCE (WITHOUT PAY) 27
ARTICLE26 GRIEVANCE PROCEDURE 28
ARTICLE 27 WRITfEN CORRECTIVE ACTION 30
ARTICLE28 DUES DEDUCTION 31
ARTICLE29 ASSOCIATION ACTIVITIES 32
ARTICLE30 STANDBY PAY 33
ARTICLE3I CALLBACK 34
• ARTICLE32 LABOR MANAGEMENT COMMITTEE 35
ARTICLE33 EXCLUSIVENESS OF CONTRACT 36
CONTRACT
BETWEEN 1 HE CITY OF ENGLEWOOD
AND THE
ENGLEWOOD EMPLOYEES ASSOCIATION
ARTICLE 1. INTRODUCTION
This contract entered into by the Cit y of Englewood . Colorado , and the Englewood
tmployees Association has as its purpose 1he promotion of harmonious relations between the City of
Englewood and its Employees , a fair and peaceful procedure for the resolution of differences; the
establishment of ra1:es of pay and hours of work, and other conditions of employment as set out in the
CityChaner.
Except where limited by express pro vis ions elsewhere m this Contract, nothing in this
Contract shall be co nstrued 10 restrict , limit or impair the rights, powers and authority of the City as
granted to it under the laws of the State of Colorado and the City's Chaner and Municipal Code . The
rights , powers , aod authority include, but are not limited 10 , the following :
A. Determine the overall mis sio n of th e 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 operation s to be performed, the
technology to be utilized , or the mailers to be budgeted.
D. To determine the overall methods , processes, means .job classifications or personnel
by whi ch City operations are to be conducted .
E. To direct. supervise, hire , promote , 1ransfer, assign , schedule . retain or lay-off
employees .
F. To suspe nd . discipline , di sc harge, or demote for just cau se, all full-time permanent
clas sified employees.
G. To relieve employees from duties &.cau se of lack of work or funds . or under
co nditi ons where the Ci ty deteJTnines co ntinued wo rk would be inefficient or nonprodu ctive .
H. To lake whatever oth er actions ma y be necess ary to carry out the wi shes of the public
not otherwi se specified herein or limited by a co llective bargai~ing Contract.
I. To take an y and all actio ns to carry out the mi ss ion of the City in cases of emergency .
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J. Nothing contained herein shall preclude lhe City from conferring with its employees
• for purposes of developing po licies lo effectuate or implement any of the above enumerated rights.
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The City retains lhe ri ght lo change any past practice which is not in violation of thi s
Contract. In the event a past practice is sought to be changed by the City Manager or Department
Directors , the Englewood Emplo yees Association will be provided reasonable wriuen notice of the
intended change. The Englewood Employees Association retains the right to grieve any change in
practice which is in violation of this Contract.
ARTICLE 2. DUR ATION OF CONT RACT
A. This co ntract will take effec: on J,mua ry I. 2r.04. and shall co ntinu e in force to and
;~,ducting Dece mber 31. 2005. provided that eit her party m·1y reo pen ne go tiati ons for Anicle 8,
Co mpen sst ion and An icle 2 1. In sura nce . by giv ing written notice of intent to negollate Anic lc 8.F
and Anicle 21 pri or to Ma y 15. 2004 . The City will notify the As soc iation th ree (3) month s pri or to
co mmen ce ment of negot iati ons if th ere is a ne ed to nego tia te on de ntal or hea lth insura nce .
U. Thi s co ntract or any part of it may be tenninated or re nego ti ated at any time by mutu al
co nse nt of both pan ics.
C. If any ani cle or sec ti on of thi s co ntract should be held invali d by operation of law or
any Coun of co mpetent jurisdicti r,n, or if co mpli ance with or enforcement of any anicle or sec tio n
should be restrained by such Cou n . the remainder of this co ntract shall not be affec ted thereb y and
this Contract shall remain in full force and effec t, and th'-partie s shdil promptl y mee t and ne gotiate
for th e purpose of <1 ttemptin g to arrive at a mutuall y satisfactory r~pl ace ment for such article or
sectio n.
D. The partie s agree and unde rs tand that provisions relating to employees cove red by thi s
co ntract shall in no way displace or modify present or future statutory case law of the State of
:.oloradc>.
E. The partie s acknowledge that during negoti ation s which resulteu in this contract , each
had th e unlimited right and opponunity to make demands and proposa ls with respect to any subject
or matte r appropriate for Contract negotiatio ns and th at the understandin gs and agree ments arrived at
by the parties after thi s exercise of that ri ght and opponunity arc se t fort h in the co ntrac t.
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ARTICLE 3. RECOGNITION
The City recognizes the Englewood Employees Association as the sole organization certified
pursuant to the provisions of the 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 -ti me, temporary , and
contractual employees , and all employees hired through the use of Federal , state er other outside
funding sources for special projects or programs, and all others who may be determined prior to or
during the life of this Contract as provided under the City Charter .
ARTICLE 4. EMPLOYEE RIGHTS
A full -time clas sified employee .:ho is not excluded per Article 3. (Re cognition) of this
contraet shall have the right :
A. To form . joi n, support or partici pate in , or to refrain from forming , joining.
supporting , or participating in the employee organization or its lawful activities ; and
B. Bargai n co llectively through their certified emplo yee representative .
C. No employee shall be interfered with, restrained , coerced or discriminated against
beca use of the exercise of these rights nor shall the right of an individual employee to di sc uss
employment concern s with the City he infringed upon .
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ARTICLE 5. HO URS OF WORK
All depanment s. run ctions or ac ti vities shall observe office and wo rki ng hours necessary fo r
the cffi c,cnl tran sac tion or th ei r respecti ve service s.
A. All empl oye es cov ered by this Co ntract shall work al le as t fony (40) hours per week .
The wo rk week shall co nsis t of five (5) eig ht -hour shift s. or other wo rk sc hed ul es as det ermin ed by
the depanmenl direc tor per the "Modified Work week Sched ul es·• polic y. All employee s shall be
sc heduled to wo rk a re gular work schedule and eac h shift shall ha ve a re gular staning and quiuin g
tim e . Should the work sc hedule be chan ged, affe cted empl oyees will be notifie d 24 hours in advance
exce pt in the case or an emergenc y as determined by the dep a,t ment dire ctor.
B. Emplo yees shall be entitled 10 two (2) paid re st periods not to exceed fifteen (15 )
minute s or one (I) thin) 110) minute re st peri od for each shift worked . Re st period s shall be under
the co ntrol of the supervi sor or depanmenl director.
C. When possible . employee s who wo rk beyo nd their regular quilling time into an
ove nime situat io n will be eligible for a fifteen ( 15) minute re st period before they begin the ovenime
work . When possible . additional re st periods will be granted underthe co ntrol of the supervi so r or
depanmenl dire cto r similar to re st periods granted und er subparagraph B above.
D. When neces sary. employees shall be granted a fifteen (15) minute personal clean-up
peri od prior to the end of each shift. The clean -up period shall be under the co ntrol of the supervisor
or depanment director .
E. All employees wi ll be granted an unpaid lunch periodduringeach shift. As a normal
occ urrenc e. th is lun ch break wi ll co mmence between the beginning of the third hour and the
beginning of the six th hour of the shirt. An employee and supervi so r may agree to wa ive thi s time
limit due to work related or pe rso nal iss ue s .
See Cit y of Englewood Ad mini strati ve Poli cy# 2. "Hours of Work/O ve rtime ", and Polic y #3 ,
"Meal Breaks ". for runher clari fica ti on .
ARTICLE 6. OVERTCME WORK
A. For all employees covered by this Contract . except as specified below , duties
perfo,med over and above the assigned work sc hedule shall be co nsidered overtime . Overtime shall
not be computed nor co mpensati on allo tted on previously accmetl compe nsatory time.
B. FLSA non -exempt (hourly) emp lo yees shall be compensated for overtime work at the
rate of one and une-half (1-1/2) times the normal puy rate or compensatory time off, com puted at the
rate of one and one-half (1 -1/2) times .
The City retains the tight to assign overtime work to any employee qualified to perform the
work .
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ARTICLE 7. ACTING PAY
All persons appointed to an acting position, at the sole discretion of the Director. will be
compensated at the minimum rate of the acting position pay range or 5% above the employee's
current rate of pay, whichever is greater. The employee must be in an acting capacity for thirty (30)
consecutive calendar days before said employee becomes eligible for acting pay. Such pay will be
retroactive to the first day the employee assumes the responsibility of the position.
See City of Englewood Administrative Policy Manual, Policy# I, "Acting Pay" for discussion
of acting pay for positions not covered by this contract.
ARTICLE 8. COMPE NSAT IO N
A. Each emplo yee in the cla ssi fied serv ice shall be paid within the range se t fonh in the
City of Englewood 2004 Compen sation and Class ifi catio n Plan for the po sition in which they are
employed. (See Plan document for detail s.)
B. At le ast the minimum rate of pay for a position shall be paid to an emp loyee who is
ston ing hi s emplo yment with th e City .
C. When a regular full -time position not under th e classifi ed servi ce is brought into the
classified service . the rate of pay of the incumbent ma y be se t by the City at an amount closest to
his/her current :-ate in the grade establi shed forth e position . In such cases there will be no reduction
in pay.
D. A change in anniversary date will result when :
(I) The employee is on lea ve without pay . (See Anicle 26. Leave of Absence
(Without Pay )
(2) The employee tennin ate s his employment and later is reemployed. The new
anniversary date shall be determined by hi s new employment date .
E. All performance pay awarded to the employee will be con,idered upon the anniversary
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date and shall not be considered automatic. but rather . based upon perfonnance. as evidenced by the •
performance evaluation .
Fundamental change s to A-E (above ) will be made only wi th prior consultation and re view with
assoc iation representatives .
F. Employees of the City of Englewood re presented by the Englewood Emplo yees
Asso<:1ation and covered by this Contract shall recei ve a ~ero percent (0%) increase on the 2003 base
wa~• rate effective January I. 2004. Salary for 2005 will be negotiated in 2004 .
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ARTICLE 9. LONGEVITY COMPENSATION
Effective Jan uary I . 1984, and !hereafter, all ne w hire s shall nol be eligible for longev it y
compensation as provided for under !his Article. In addition to an employee's monthly salary, the
employee shall be eligible for longevity co mpensation based upon !he number of years of co ntinuous
serv ice with the City and shall be deri ve d from the following sc hedul e:
Years of
Service Amount of Compensatio n
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 I 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 10 December I.
20 or more $48 per month for $576 per year, exce pt for those employees who have not
completed 21 full years of continuous service on Decembe r I of any year,
which employee shall receive $432 plus an amount equal to $12 for each full
month of completed continuous service after completion of 20 years of
continuol\S service up to December I.
ARTICLE 10. ANNUAL LEA VE
Employees hired after January I, 1984, and covered by this Contract shall earn annual le ave
each pay period as follows :
Length of Hours 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+ mos .
Accumulation of annu~l leave shall neither be authorized nor computed for any purpose after the
maximum earning limit has been reached.
Use
The schedule for use of annual leave shall be determined by the needs of the Deparunent.
Annual leave shall be taken at the time convenient to and approved by the Department Director or
Supervisor. Howe ;er, the City will make rea.1 nable 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 be the employee's regular straight time hourly rate of pay
for the employee's regular job. Annual leave shall be allowed only to the total hourly amount
accumulated up tl and during the pay period in which til e leave is taken .
Work Du,·ng Annual Leave
If, after the employee has begun his/her annual leave and the City require:: the employee to
work during the scheduled annual leave period, the employee will not be charged with vacation time
for the number of hours worked.
How Charged
Annual leave for employees excludes regular days off.
Annual Leave Pav Upon Se r aration
When an emp:oyee terminates employment with the City , they will be compensated for
unused annual le ave earned as of the date of separation. Annual leave is not to be used to extend an
employee's date nf separa tion .
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ARTICLE 11. PERSONAL LEA VE
All employee s 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. Olness/injury of employee's family
C. To attend to personal business
For any employee who has not used the 48 houn: of personal leave time ending October 31 of
each year or any ponion thereof, the City will compensate said employee for the unused time at the
employees regular wage n>te to be paid during the month of Nllvember of that year. Personal leave
time shall not exceed 48 hours nor shall it be accumulated or carried over from one year to the next.
Personal leave shall be scheduled and administered under the direction of the dcpanment director or
supervisor. In the event of illness/injury in which personal leave is requested, shift work employees
shall notify their supervisor at least one (I) hour prior to their scheduled reponing 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)
(Fo nnerl y Temporary Disabilit y -Non Job-Related)
Short tenn disability lea ve is grante d for non-service connected injury or illness of an
employee with at least ninety (90) days of servic e with lhe City, whose disability prevents the
employee from perfonning his/her dutie s. Short 1c1:n disability (STD ) is pai d at 100% of the
employee 's regular hourly rate .
The City agrees to provide emplo ) covere d by this Contract STD leave with pay for
employee s absent as a result of illness/injury :•s fo!lows:
91 days -4 years
(thru 48 mos .)
5-9 years
( 49 thru 108 mos .)
lo+ years
(109+mos .)
347 workin p "~urs
520 working hours
693 working hours
Short tenn disability leave shall not be accumulative. Januar, : ot eon::, year the City shall
restore 100% of the number of hours used by an employee during th , ~reLeding year as follows :
91 ,.fays-4 years
5-9 years
I0+years
Util.azation
up to a maximum of 173 w,,rking hours
up to a maximum of 260 wo ·Icing hours
up to a maximum of 347 working hou rs
A. Aut horization 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, annual leave . compensatory time . If all accrued leaves have been exhausted,
the elimination shift shall be taken as leave without pay .
B. Authorization for STD shall only be granted for personal illne ss or injury, not servi ce
connected, including maternity related disability .
See City of ·nglewood Administrative Policy #31 , "Family and Medical Leave Act
(FMLA)",
Sick Leave Option
All sick leave arcrued by pennanent employees prior to Janu ary I, 1980 shall ves t with the
employee, and may be used in the fol: Jw in g manner:
A. After exhau,:!ng sn:: hours .
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B. By cashing in all acc rued sick leave acc umulated under the previous plan upon nonnal
retirement from the City at the rate of one hour's pay for each two hours of accrued sick leave orone •
hour's pa y for each four hou r; upon se paration from the City.
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C. By cas hing in accrue d sick leave, once each year al 1he conv ers ion ra le of four (4)
hou rs sick lea ve for one (1) hour pay, no110 exceed a co nversi on of more th an 400 hou rs each year.
Reporting of STD
The employee or a member of the employee 's house hold shall no tify the em plo ye e's
supervisor at least one hour prior to the employee's scheduled report ~: i.i me . No STD leave will be
granted to an employee who fails 10 notify their supervi sor prior to lh e IY:[sir11ing of the employee 's
work shift.
Verific ation of Disability
If absence from work is three (3) days or more , a medic al release must be provided to the
employee 's supervisor, who will forward it to Human Resources for poss ible Family Medical Leave
qualification .
Abuse of STD occurs wh en an employee mi srepresents th e aclual reason for r !<juesting STD
or Nhen an employee uses STD leave for una uthorized purpose s. An employee who makes a false
claim for STD leave shall be subjec1 to dis ci plinary action up to and including lermination .
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ARTl~LE 13. WOR!<ERS ' COMPENSATION
A. For any on-the-job injury which causes an employee to be absent from work as a
result of such injury , th e 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 to an examination(s) by City-appointed physician(s)
at the City's expense or under the provision of workers ' compensation . The employee will not be
charged personal leave, annual leave, short-term disability or sick leave (if applicable) for disability
under this Article.
B. All workers' compensation injuries shall be reported to the employee's supervisor
within 24 hours of the injury or before the employee leaves their department of employment.
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ARTICLE 14. MIL IT ARY LEAVE
The authorit y for thi s policy is derived fr om rhe provi sion s of the Unifonned Service s
Employment and Reemployment Ri ghts Act of 1994 (USERRA ) and Section 28-3-60 1 C.R.S.
th ro ugh Secti on 28 -3-607 C.R .S.
The Ci ty is obliga ted to grant military leave witho ut los s of pa y for abse nces not exc eeding
fifteen ( 15) days in an y cale ndar year. Fifteen ( 15) day s equate s to fiftee n 8-hour da ys. or 120 hrs.
The City ca nnot req uire an employee 10 use annual leave for such purposes. Th e emplo yee may.
however . requ es t use of vacation . co mpen sa tory time. or leav e witho ut pay 10 sup plement abse nces
exceedi ng those covere d by the fiftee n (15 ) day mi litary leave all ow ance .
Military leave of absen ce will re sult in no lo ss of any condit i<>n of empl oyme nt that wo uld
have normall y oc curred if the employ ee had not be en absent for suc h purp oses .
Employees are re spon si ble for pro vidi ng their depanment direc tors co pi es of all military
orders that will res ult in a leave of absence for active military duty. Emplo yees are also required 10
notify th eir supervisors at the earli es t poss ibl e date upon learnin g of schedul ed mi,itary duty.
Emplo yees who fail to return to work according to the pro vis ions of US ERRA and Section
28-3 -601 C.R .S. throu gh Section 28 -3-607 C.R.S. are subject to di sci plin ary action up to and
including termination .
Employees mu st remit 10 1: •• City any pay rece ive d by the military for the period of time the
emp loyee is on paid military lea ve. This rem ittanc e shall occur immediately upon receipt of the
military pay (in instance s that th e military pa y is greater than th e empioyee's Ci ty pay . the employee
may elect 10 forego City pai d military leav e).
The City will make a rea~onable effon lo adjust work ,chedule s and assignments to
acco mm oda te employees fu lfi llin g mili tary obligati ons .
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ARTICLE IS. FUNERAL LEA VE
Full -time employees are eligible for up to forty (40) hours of funeral leave . Annual or
personal leave may be requested if additiona l time off is necessary. Funeral leave app lies to
members of the employee 's family . For purposes of this policy, "Employee 's Family " will mean
the employee's spouse, or the children , grandchildren , parents , grandparent s, brothers , and sisters
of th e emp loyee or of the employee's spouse .
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ARTICLE 16. JURY DUTY AND WITNESS SERVICE
Leave will be granted 10 an employee called for jury duty or to appear as a witness in
his/her official ca pacity in obedience 10 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. Employees on jury duty
or ca ll ed as a witness in their official . City capacity will be expected to wo rk s much of their
regu larly sc heduled workday as their jury duty sc hedule or appearance in co1111 permits.
When an employee is sub~naed as a witness in private litigation to testify, not in his
official ca pacity but as an indivi du~l. accumulated leaves will be used to cover the time absent.
All accumulated leaves must be exhausted before the time absent can be taken as leave without
pay .
Employees will not be paid overtime or earn compensatory time for time served as a juror
or a witness . Overtime is comp uted on hours act ually worked over forty (40) hours at the
assigned job.
An employee must return to work after being excused from jury duty if there are more
than two (2) hours left in their regularly, scheduled workday .
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ARTICLE 17. HOUDA YS
A. The following clays shall be considered offic ial holidays by the City and all employees
covered by this co ntract shall be entitled 10 eig hty-eight (88) hours of holiday pay:
I. New Year's Day: January I.
2. Martin Luther King Da •·: the third Monday in January .
3. President 's Da y: the tlm-:1 Monday in February .
. J Memorial Day: th e last Mr,ndQy in May .
~ Independence Day: July 4.
6 Labor Day: the fo st Monday in September.
7 Veteran's Day: Nove mber 11.
R. Thanksgiving Day : the fourth Thursday in November.
-1 Fourth Friday of N,ve mber following Thanksgiving Day.
Hl Ch ri stmas Eve : ,"l ecemlx-r 24.
i I. Christmas Day : D:cember 25 .
B. Any employee covered by this Contract who does not perform duty sc heduled on the
working days or ~~vc approved paid le ave immediately prior to and following a holiday shall not
r,:r.ei ve pay for the holiday.
C. Employees required to work on an official City holiday are eligible for ONE of the
,allowing options :
a. Approved ove rtime pay (time and one-half) for number of hours actually
worked on the holiday IN ADDITION TO up to 8 hours of holiday leave to bank and
take at a later date ; OR
b. Approved straight time pay for number of hours actually worked on the
holiday up to 8 hours (hours worked over 8 will be paid at the overtime rate of time
and one-half) IN ADDITION TO up 10 8 hours of Comp Time (accrued at time and
one-half) to be taken at a later date ; OR
c. Approved holida y pay at two and one-half times the employee's regular
hourly rate for holiday hours actually worked up to 8 hours. Hours worked over 8
hours will be paid at the overtime rate (time and one-half.)
D. When one ol the foregoing holidays falls on a Sunda), the following Monday shall be
observed as the lega l holiday . When any of the foregoing holidays fall on a Saturday, each employee
shall be entitled to a day off for such holiday , which day off shall be sc heduled as the City Manager
determines , but no specific day shall be observed as a holiday for purpos e of closing City offices and
functions.
See Cit y of Englewood Administrative Policy #33 , "Ho lidays ", 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 wiU provide unifo1ms , cleaning and
replacements . The City will provide 50% of the cost of required work shoes up to a maximum of
$90 per year except with deµanmcnt director approval. All employees shall maintain a presentable
appearance while on dut y. The employee is responsible for any damage to the unifonn by negligence
or deliberate act .
ARTICLE 19. TUITION REIMBURSEMENT
See City or Englewood Administrative Policy #29, "Tuition Reimbursement". •
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• ARTI CLE 20. LIFE INSURANCE
Term life in surance will be provided oy ,~c City for employees covered by this Contract in the
amount of one time his/her annual salary. 1 he minimum benefit is $30 ,000 and the maximum
be nefit is $50 ,000 . Upo n retirement. the employee may convert the life insurance per the life
insurance plan conversion agreement in place at the time of his/her retirement.
ARTICLE 21. INSURANCE
A. MEDICAL
The City will pay eighty-five percent (85%) of the premium cost for single and
dependent coverage for medical insurance . Employees will pay fifteen percent ( 15 %) of the
premium cost for sing!~ and dependent coverage for medical insurance .
B. DENTAL
The City will pay eighty-five percent (85 %) of the premium cost for single and
dependent coverage for dental insurance . Employees will pay fifteen percent (15%) of the
premium cost for single and dependent coverage for dental insurance.
C. Any dispute concem :C,g 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 INSl'RANCE ASSIS TA NCE
Retirees will be guaranteed conversion privileges to the Health Insurance C.:mversion Plan
available through the City . For those who retired prior to December 31 . 1996, the City will pay$50
per month . For retirees after January I. 1997 , the City will pay $75 per month .
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ARTICLE 23. PENSION/RETIREMENT PLANS
The pension plan de scription for employees covered by this Contract is set fonh in Title Ill ,
Chapter 4 of the Englewood Muni cipal Code . Aa~it ionally, the plan description for the Non-
Emergency Employees Money Purchase Plan is ava;lable for inspection in the Depanment of
Finance and Administrative Service s.
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ARTICLE 24. LAYOFF
A. Whenever there is lack of work, lack of funds, or under conditions where it is
detennined that continued work wou ld 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 10 be made . In identifying individual emplo yees to be laid off, the appointing authority
shall consider the relati·,e ability of all employees wi tn in the position classification, taking into
account the employee's documented perfonnance his tory and then seniority with the City .
B. Employees laid off shall be put on a recall list for one year following their layoff.
Employees recalled from layoff into the same job classification shall be recalled in inverse order of
layoff. If they are recalled into a different position, those recalled must have the demonstrated ability
and qualifications to perform the available work as determined by the City. No new employees shall
be hired into positions covered by this contract until all employees on layoff status desiring to return
to work have been recalled.
C. Employees identified for layoff shall have the right to displace an employee in any
position classification which the employee fonnerly held in the department, taking into account both
the employees' documented perfonnancr history , demonstrated ability and then seniority with the
City. The employee ultimately displaced shall then be the person laid off unless that employee in
turn has effective displacing rights under the provisions of this article.
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ARTICLE 2S. LEA VE OF ABSENCE (WITHOlJf PAY)
After twelve month s of co ntinu o us service and upon approval of the depanment director ,
in conc urrence with the Human Re so urce s Director, employees may be granted an unpaid lea ve
of absence of up to one year for compelling personal reasons not related to Family Medical Leave
reasons.
All accrued . paid lea ve must be exhausted befo re the beginning of the unpaid lenv•~ of
absence . Employees on such lea ve do not accrue pers('nal lea ve. annual leuve or longevity pay.
Employee s on unp ai d leave of absence are not eligible for holiday, jury, military , funera l or
administrative leave. When an employee is on an unp ai d leave of absence . he/she will remain in
the City health and dental in surance pl ans , provided the premium is paid by the employee .
The employee may retain the benefit accrual rate they were eligible for at the beginning of
the unpaid leave , provided the employee returns to work with the Cit y on the agreed upon date .
Upon return, the employee 's hire date will be adjusted if the lea ve has exceeded thirty (30)
calendar days
An employee who engages in other employment, including self-employment, while on
official leave of abse nce , will be terminated effective as of the last day worked. unless prio r
written approval has been obtained from the Human Resources Department.
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Employees on an approved leave of absence, who fail to report for work by the first day •
after the expiration date of the !ewe of absence or a prop.orly approved extension, will be
terminated from their employment with the City as of the last day actually worked.
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• ARTICLE 26. GRIEVANCE PROCEDURE
A grie vance is defined as a c la im or di sput e by an employee covered by th e tenn s of thi s
Con trac t conce rnin g an alle ged viola ,;o n of a spec ific prov ision of this Co ntract. The empl oyee shall
be required to follow the proced ure as set out be low :
A genera l grievance is defined as a grie vance that concerns a gro up of empl oyees or th e
bargaining unit in ge neral. A ge neral gnevance ca n only be fi led by the A. ,oc iat io n wit hin th e time
frame specified in Step I. and th e initial re view will oc cur by the department director at Step 2
below .
A. "Wo rk Day " me ans cale ndar days excl usive of Saturdays . Sundays. and Ci ty
recognized holidays .
Step I.
If the employee is unable to sett le the grie vance or di spute orally and infonnall y through
his/her immediate supervi so r within five (5) working da ys of the date of the occunrence of the
grievance. or the employee's knowledge of it , the employee may. within the succeeding five (5) work
days. file a wri tten grievance with his/her supervisor. The su perv isor shall alle mpt to adjust the
mailer and shall respond in writi ng to the employee within fivr , rk days.
Step 2.
• If the answer is not sati sfactory . the matter shall be presented in writing by the employee to
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the department director within five (5) work days following receipt of the supervisor's respo nse . The
department dire ctor shall re spond in writing to the employee within five (5) work days .
Step 3.
If the gri eva nce st ill remains unadju sted . it shall be pre se nted by the employee to the City
Manager in writing within five (5) work da ys fo ll owi ng receipt of th e re sponse of the department
director. The City Manager or his/her de signated hearin g office r shall have a meeting wit h the
grievant to re view the grievance and all rel evant infonnation . Within ten ( IO ) work da ys of that
meetin g. the Cit y Manager or hi s/her de sig nated hearing office r wi ll issue a written decis ion .
Step 4.
I . If th e grieva nce is still unre so lved . the Associat ion within fou rteen ( 14) calendar da ys
after the re pl y of the City Manager or hi s/her de signate d hearing officer, may by written notice
reque st the matter be submitted I~ arb itrati on . The pa rtie s will attempt to choo se a mutuall y
agreeable a.bitrato r. If wit hin five oays of th e req uest for ar bitratio n th e Associ ati on and the Ci ty
cannot mutuall y agree on an imparti a l arbitrator. a request wi ll be filed wi th the America n
Arbitration Associa tio n for a pane l of seven arbitrators to be se nt to the parties. The arbitrator shall
be selected by a meth od of alternative strikin g of name s from the panel , with the first strike
detennined by a coi n flip . The final name left on the panel shall be the arbitrJtor . The arbitrator
shall be requested to issue a decision within thirt y (30) days after co nclu sion of testimony and
argument.
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2. Euc h pan y shall be res ponsibl e fo r com pensation 10 il s own repre se nl ati ves and wi1 ne sses . •
The fee s of 1he arbitrato r shall be bo rn e eq uall y by the Associa1io n und 1he Ci 1y.
3. Aut hori1y of Arbi trato r
The arb itrat or shall ha ve no power to add to or sub1ract from or cha nge the 1erms of thi s
Co nt ract. Th e written decisio n of th e arbi trator shall be fina l and binding up on 1he pa111e s. The
arbitrator shall limit hi s deci sio n stri <:tl y to the griev an ce submitted whi ch ha s been pro perl y
proce ssed th ro ugh th e grieva nce proc edure outlined .
4. Failure by an emplo ye e or th e Associatio n to co mpl y with any time lim ita tion shall
co nsti tut e a se ttlem ent of the grie vance . Sh ould the empl oye r not respond wi th in th e prescribed
time , th e grievance will automatic ally proceed to the ne xt step. At the empl oyee 's option, th e
employer ma y be all owe d additional time to respond .
Grievance Opti on
It is agreed th at should th e appea l procedure as provided und er 138 :3 of the City Chaner or
applicable Cit y ordi nance is utili zed , recourse to the grieva nce proce dure incl ude d in thi s Anicle
shall be waive d.
Process ing Grievanc e DJring Working Hou rs
Grievan ces may be investigated and processe d by th e employee or designated employee
representative durin g workin p hou rs, within reasonable time hm11s. without los s of pa y, pro vided
notice is given and the workload permit s.
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ARTICLE 27. WRITTEN CORRECTIVE ACTION
Whenever more serious grounds forcom:ctive action exist (i.e., more serious than those deemed
by the supervisor to warrant oral com:ctive action) the supervisor should issue a written com:ctive
action. The written com:ctive action will be addressed to the employee and will include the
following informati,..~:
• The violatiL .1
• 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 assist:.nce in com:cting the behavior.
Both the employee and supervisor must si gn 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
fmwardcd to Human Resources to be included in the employee 's official personnel file . The
employee will have the opponunity to submit written comments in response to e written corrcctiv~
action to be included in their fil .
This Anicle shall not be gtievable under this Contract, nor shall it apply to probationary
employees .
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ARTICLE 28 . DUES DED UCTION
A. The City agrees to deduct the Englewood Employee s Association dues eac h pa )'
period from the pay of those employee s who individually request in writing that such deduction s be
made, subject 10 the garni sh ment laws of the State of Colorado . The amounts to be deducted shall be
ce rt ified to Human Re so urces by the Treasurer of the Association . and the aggregate deductions of
all employee s shall be remilled 10ge1her with an itemized stateme nt to the Treasurer by the 15th of
1t.o suc ceeding month . after such deductions are made . The authorization shall be revocable during
the term of the contract. upon wrinen ,101ice by the employee to Human Re so urces .
B. If no wages are paid an authori zed employee on the last pny period of a given pay
period, deduction for that pay period will be made from any wages which may be paid to him/her on
the next succeeding final monthl y City pay period . It is expressly understood that the City assumes
no liabilit y and shall not be liable for the collec tion or payment to the Englewood Employees
Association of any dues during any time that an employee is not actually working for the City and
actually on the payroll of the City . In the event of error on the check-off list , the City will not be
respons ible to make adjustments , until notified by the Treasurer of the Englewood Empl oyee s
Association.
C. The Englewood Employees Association shall indemnify and hold the City harmless
against any and all claims, suits . orders , or judgments brought er issued agai nst the City as a result of
any action taken or not taken by the City under the provision of this Article .
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D. Changes in the dues amount to be deducted shall be limited to two (2) changes each •
y~ar. providin g a thirty (3 0) day written noti ce is provided to Human Resources .
E. Should the chan ge in the deduction method require a co mputer programming change ,
the Englewood Emplo yees Association ( all be responsible for the cost of such change or changes , at
$3 0 per hour with a four (4) hour maximum. Payment from the Englewood Employees Association
shall be made to the City Finance and Administrati ve Se rv ices Direc tor within ten (10) days of
rece ipt of billin g.
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ARTICLE 29. ASSOCIATION ACTIVITIES
The City agrees that during working hours on the City premises and without loss of pay ,
Englewood Employees Association me , ,,rs may be allowed to: attend Englewood Employees
Association and/or management meeting. st Englewood Employees Association notices on City
designated bulletin boards; solicit Ent . Nood Employees Association memberships during
em ployee's non -work time ; and represent employee s on grie vances and negotiation s .
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ARTICLE 30. STANDBY PAY
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 compensatory time .
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ARTICLE 31. CALL BACK
Any lime an employee on off-duly status (incluc!ing stand-by duty) is called back to work
he/she shall be credited with a minimum of two (2) hours pay at the rate of one and one -half ( I 1/2)
times his/her regular hourly rate.
With the approval of the department director and subject to departmental guideline s, the
employee may choose to substitute compensatory lime for call back pay .
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ARTICLE 32. LABOR MANAGEMENT COMMITrEE
A Labor Managemem Committee consisting of four (4) members appointed by the
Association and four (4) members appointed by the City shall meet on a quanerly basis . The
committee will only deal with group issues that are not dealt with through other existing committees
or grievance procedures . The Association will send its agenda items to tne Human Resources
Direuor at least one (I) week prior to the date of the quanerly meeting.
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• ARTICLE 33. EXCLUSIVENESS OF CONTRACT
The Ci ty and the Association agree that the terms and provisions herein contained constitute
the entire Contract between the panies. The City and the Association agree that all negotiable items
have been disc ussed during the negotiations leading to this Contract and, therefore, agree that
negotiations will not be reopened on any item during the life of thi s Contract , except by mutu a:
agreement of th e parties .
IN WITNESS THEREOF . the parties have ca used thi s Contract to be signed by their
re spec ti ve representatives , and their signa ture s placed thereon , on this _____ day of
____ , 2003 at Englewood , Colorado .
ENGLEWOOD EMPLOYEES
ASSOCIATION
~;?-;~~,~
~--:i;i.•h~
Roben E. Stephenson, Vice President
Q_p
Richard K.
CITY OF ENGLEWOOD
Mayor. Beverly J . Bradshaw
ATTEST :
City Clerk, Loucrishia A. Ellis
City Manager , Gary Sears
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COUNCIL COMMUN IC AT ION
Date Ag enda Item Subject
Ju ly ;, 2003 11 c i Coll ective Bargaining
Agree ment Be tween th e Ci ty and
th e EEA inr 2004 and 2005
Initiated By Staff Source
Hum an Reso ur ces D epartm ent Sue Ea ton, Direc tor of Human Reso urces
COU NCIL GOAL AND PREVIOUS COUNCIL ACTION
.;
Th e prev io us Coll ec ti ve Bargainin g Agre~ment wi th the Englewood Empl oyees Associ ati on was approve d
by Coun ci l ior 2002 and 2003 .
RECOMMENDED ACTION
Sta ff requ es ts Council approval of the Coll ec tive Ba rga in ing Ag ree ment be tween th e Eng lewood Emp loyees
Associ ati on and th e City of Englewood fo r th,, ye ars 200 4 and 2005. Th e co ntract cove rs approximately
208 employee s.
BACKGROUND , ANALYSIS, AND ALTERNATIVES IDENTIFIED
Th e City o i Engl ew ood and th e Eng lew ood Empl oyees As sa :iati on entered into ne go tia t ions in A pril of
20 03 in acco rdance with th e City o f En glew ood Charter. Th e members of th e Engl ew ood Empl oyees
As sociati on dul y ratifi ed, by a major ity vo te . the Co ll ect ive Ba rga inin g Ag ree ment.
The sig nifica nt changes to thP contrac t are as ioll ows.
I . Unde r Art icle 8, "Compens ati o n·•, employees cove red by the Co ntract w ill rece ive a ze ro percent ;0%)
increa se over th e 1003 base w age rate. effec tive Janu ary I , 2004. W ages and be nefits o nl y fo r 200 5 w ill
be nego tia ted in 2004.
2. Articl es 1,3,-l .5,8,9.11 , 13, 1-l, 18.23.26.27.3 1 md 32 oi th e 2002-2003 co ntract w er e rewritt en to cl ari fy
and refle ct cu rr ent prac tic es.
3. Arti cle 19, "U ni fo rm Clea nin g All ow ,111ce" WdS .. mende d ro increase th e maxi mum reim bu rse ment to
t!mp loyee s whc are requir ed to we ar saiety wo ri , shoe s.
-L Arti cle :!5, "Ldyoff" was rew ritt en to cla rity th e layo tf proc ~s s and recog ni ze perfo rm ance hi story as a
qualifi er 111 idr:n tifying empl oyees to be la id on.
5. Article 15, ·'Military Leave'' was Jmended to inco rp orate the word in g fr c n, th e co rres ponding City of
Englewoo d poli cv.
FIN ANC IAL IMP ACT
Th e impact oi the chan ge to Art icle 19 w ill be a maximu m oi approx imatelv S:'.7L '1 pe r yea r .
LIST OF ATTACHMENTS
EEA Collecuve Ba rgai 111 ng Agreemen 1 10, 200 -1 and 201J5 .