HomeMy WebLinkAbout2001 Resolution No. 062RESOLUTION NO . M
SERIES OF 2001
A RESOLUTION AUTHORIZJNG THE COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE ENGLEWOOD EMPLOYEES ASSOClATION AND THE CITY OF
ENGLEWOOD FOR THE PERIOD OF JANUARY 1, 2002 THROUGH DECEMBER 31 ,
2Ci03.
WHEREAS , the City Council of the Ci~; of Englewood authorized "The Collective
Barg!lining Agreement" with the Engl wood Employees Association for January 1, 2001
through December 31 , 2001, by the passage of Resolution 51 , Series 2000; and
WHEREAS, the City of Englewood and the Englewood Employees Association entered
into negotiations in May, 2001 in accordance with the Englewood City Home Rule Charter;
and
WHEREAS, the elected representatives of the Englewood Employees Association duli ·
ratified the Collective Bargaining Agreement; and
WHEREAS, the passage of this Resolution will authorize the provisions of the "Collective
Bargaininr Agreement" between the Englewood Employees Association and the City of
Englewood for the years 2002 and 2003 , and
WHEREAS, significant changes to the Contract include the following: (1) Employees
covered by the Contract will receive a four percent (4 .0%) increase on the base wage rate
effective January 1, 2002. (2) Employees covered by this Contract will observe Martin
Luther King Day as a City holiday in lieu of New Year's Eve Day ;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CIT\" OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
~-The City Council of the Cit) of Englewood, Colorado hereby approves the
Collective Bargaining Agreement betw,,en the Englewood Employees Association and the
City of Englewood for the peri.Jd of ,Jsnuary 1, 2002 through December 31, 2003, attached
hereto as Exhi bit A.
•
•
&l:tilm..2 . The Mayor and the City Cler k are hereby authorized to si&n and attest the
Collective Bargaining Agreement between the Englewood Employees Association and the
City of Englewood, Colorarlo , for the period of January I , 2002 through December 31 , 2003.
ADOPTED AND APPROVED this 16th of July, 2001.
I, Lo ucri,. '•A.Ellis, City Clerk for,t!l,e City of Englewood ,
above ,s a tru, co py ofReaolution No~ Series of2001.
lorado, h ereby certify the
• COUNCIL COMMUNICATION
Date Agenda Item Subject
Collective Bargain ing
July 16, 2001 10ci Agreement ~etween the City and
the EEA for 2002 and 2003
Initiated By I Staff Source
Human Resources Department Sue Eaton , Director of Human Resources
COUNCIL COAL ANO PREVIOUS COUNCIL ACTION
The pre vious Collective . 0aining Agreement with the Engle wood Employees Association w as
approved by Cou ncil for 2000 and 2001.
RECOMMENDED ACTION
Staff requests Counci l approval by resolution of th e Collecti ve Barg aining Agreement between the
Englewood Employees As;ociation and the City of Englewood for 2002 and 2003. T!,e rontract
covers approximately 232 employees.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Th• Cit•, of Englewood and the Engle woo d Em ployees Association entered into negotiatir ns in May
of 2001 in accordance with the City of Englewood Charter. The members of the Englewood
Employees Association duly ratified, through their elected representatives, the Collective Bargaining
Agreement.
Sign ificant chaages to the contract include the following:
1. Under Article 9, Compensat io n, employees covered by the Contract will receive a four percent
(4.0%) increase on the 2001 base wa8e rate effectiv e January 1, 2002. Wages for 2003 will be
negotiated in 2002.
2. Under Article 18. Holidays, Martin Luther King Day was added as an official City holiday, and
New Ye ars Eve Da y wa s deleted .
3. Articles 22 and 23 we re co mbin .,d und er one Article 22 , Insurance .
4. Article 23 wa s renamed Retiree Hea lth lnsur anc 0
5. Article 24 was renamed Pens ion /Retirement Plans .
FINANCIAL IMPACT
The impa ct oi th e in crea se on wages. and bene fits impact ed by wages, is appro ximate ly $3 5 7,176
fo r 2002.
• LIST OF ATTACHMENTS:
Collecti ve Bargaining Ag,eement Betwe en the City of Englewood and the Englewood Employees
Association. January 1, 2001 -Dece mber 3 1, 1003 .
•
COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE
CITY OF ENGLEWOOD
ANDTHF
ENGLEWOOD EMPLOYEES ASSOCIATION
JANUARY I, 2<'02 -DECEMBER 31, 2003
' ~ 12il!l3'1IJ • WJ WJcvfl rr
h'T I H .IT~ PAGE
ARTICLE I INTRODUCTION "' 13
ARTICLE 2 DURATION OF CONTRACT I
ARTICLE 3 RECO(,NITION A ~ ')T' 4
ARTICLE4 EMPr,q YEE RIGHTS • JTTJ
ARTICLES HOURS OF WORK 6
ARTIC'' E6 OVERTIME WORK JI i £ ... .1")[1j 7
ARTICLE 7 ACTING PA'!'. , ) 8
ARTICLE 8 MERIT INCREASES 9
ARTICLE9 COMPENSATION 10 • ARTICLE 10 LONGEVITY COMPENSATION II
ARTICLE II ANNUAL LEA VE 12
ARTICLE 12 PERSONAL LEA VE 13
ARTICLE 13 SHORT TERM DISABILITY (STD) 14
ARTICLE 14 WORKERS' COMPENSATION 16
ARTICLE 15 MILITARY LEAVE 17
ARTICLE 16 FUNERAL LEA VE 18
ARTICLE 17 JURY DUTY AND WITNESS SERVICE 19
ARTICLE 18 HOLIDAYS 20
ARTICLE 19 UNIFORM CLEANING ALLOWANCE 21
ARTICLE20 TUITION REIMBURSEi\1ENT 22 •
ARTICLE21 LIFE INSURANCE 23
ARTICLE22 INSURANCE 24 •
ARTICLE23 RETIREE HEAL Tii INSURANCE 25
ARTICLE 24 PENSION/RETIREMENT PLANS :'T /.' 26
ARTICLE25 LAYOFF 27
ARTICLE26 LEAVE OF ABSENCE (WITHOtrr PAY) '! I 28
ARTICLE 27 GRIEVANCEPROCiDURE I-. 29
ARTICLE28 WRITTEN CORRECTIVE ACTION ',r 31
ARTIC LE29 DUES DEDUCTION 32
ARTICLE30 ASSOCIATION ACTIVITIES J. 33
ARTICLE31 STANDBY PAY 34
ARTICLE32 CALLBACK .Ar 35
ARTICLE33 LABOR !VIANAGEMENT COMMfffEE :5
ARTICLE34 EXCLUSIVENESS OF CONTRACT 37
CONTRACT
BETWEEN THE CITY OF ENGLEWOOq
ANDTHE
ENGLEWOOD EMPLOYEES ASSOCIATION
ARTICLE I. INTRODUCTION
This contract entered into by the City of Englewood, Cnlorado, and the Englewood
Emplo yees Assoc \ation has as its purpose the promotion ofharmonious relations between the City of
Englewood and its Employees, a fair and peaceful procedure for the resolution of differences; the
establishment of rates of pay and hours of work, and other conditions of employment an set out in
the City Chaner.
Except where limit,~ by express provisions elsewhere in this Contract , nothing in this
Contract shall be construed to restrict, limit or impair the rights, powers and authority of the City as
granted to it under th <> l .. ws of the State of Colorado and the City's Charter and Municipal Code. The
rights, powers, and authority include, but are not limited to , the following :
A. 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.
D. To cietennine the overall methods, processes, means.job classifications orpersoMel
by which City operations are to be conducted .
E. To direct, supervise , hire, promote, transfer, assign, sd !dule, retain 01 lay-off
employees .
F. To suspend, disc ipline , discharge, or demote for just cause, all full-time permanent
classilid employees.
G. To relieve employees from duties because of lack of work or funds, or under
conditions where the Ci ty detennines continued work would be inefficient c,, nonproducti ve.
H. To take whatever other actions may be necessary to carry out the wishes of the public
not oth erwise specified herein or limited by a collective bargaining Contract.
I. To take an y and all actions to carry out the miss ion of the City in cases of emergency .
1. Nothing contained hemn shall preclude the City fh>m conferring with its employees
for purposes of developing policies to effectuate or implemont any of the above onumcrated rights. •
The City retains the ri&ht to chanae any put practice which is not in violation of this
Contract. In the event a past practice is souaht to be changed by the City Manager or Department
Directors, the Englewood Employees Aasociation will be provided reasonable written notice of the
intended change. The Englewood Employees Aasociation retains the right ,o grieve any change in
practice which is in violation ofihis Contl1ct. l
• • .P.Tv .I 1 Jl >,1
, . ' . r! •
•
•
•
ARTICLE 2. DURATION OF CONTRACT 1 , 1Jl ,1 ! J r I<,/
,1 A. Thili C!JntraA:t ~I take eft"Cfl on Jmuazy I, 2002, and shall co11tii)ue in force to and
including December 31, 2003, provided !hat either party ,may reopen negotiations fpr Article 9,
Compensation, by giving written notice of intent to negotiaie Arti:-.!e 9,E prior to t)iay IS, 2002 . The
City will notify the Association three (3) months prior to commencement ofnegotiations if there is a
need to negotiate on dental or health insurance.
B. This contract or any part of it may be terminated or renegotiated al any time by
mutual consent of both parries.
C. If any article or section of this contract should be held invalid by operation oflaw or
any Court of competent jurisdiction, or if compliance with or enforcement of any article or secti.i 1o
should be restrained by such Court, the remainder of this contract shall not be ,,ffected thereby and
this Contract shall remain in 1111 force and cffec~ and the panics shall promptly meet and negotiate
for the purpose of attemptinJ to arrive at a mutually satisfactory replacement for such anicle or
section .
D. The parties agree and understand that provisions relating to employees ,ovcrcd by
this contract shall in no way displace or modify present or future statutory case law of the State llf
Colorado .
E. The parries acknowledge that during negotiations which resulted in this contract, each
had the unlimited right and opportunity to make demands and proposals with respect to any subject
or matter appropriate fer Contract negotiations and !hat the understandings and agreements arrived at
by :he parties after this exercise of that right and opportunity arc set forth in the contract.
ARTICLE 3. RECOGNITlON
'The City recosmm the Eqlewood Employees Aaoc:iltion•tbe aolearpni!llion certified
pursuJnl to thep:oYillcim: of the Charter oftba Clly otl!nglewood iii dlem:llalive~ve for
the public employees within ihe followlna bilrplning 1lllit: 1
' ~ .r 1111n
Included : All !1111-time, classified non-cmcrgency employees cf the City.
Excluded: All supervisor·/, managerial, confidential, part-time, temporary, and
contractual employees , and all employees hired through the use of Federal, !Ille or other outside
funding so=e:i for special projects or program,, and all others who may be determined prior to or
durin& the life oftbis Contraet u provided under the City Charter.
.,
4
•
•
•
•
ARTICLE .f. E,iPLOYEE RIGHTS
A filll.timo duaified employee who ia not a confidential 1111ployee. allll!IIFDai eDIJ',loyee,
or a supcrvilor lball have tho riabt: , ' ,. ,
A. To form, join. support or participate in, or to refrain from forming, jo ining,
sup,,orting, or participatina in the eiuployee organization or ill lawful activities; and
B. Bargain collectively through tbejr certified employee represe ntative .
C. No employee shall be interfered with, restrained, coerted or dilGriminated fi&inst
because of the exerciae of these ri&hll nor shall the ript of an individual employee to discuss
employment concerns with the City be infringed upon .
u
b tr
A."l.TICl.E 5. HOURS OF WORK
All de'p111ments, llmctions or activities shall observe office and worltina how1 necessary for
the efficient transaction of their respective services . Such have been detennined fornon-«nergen~y
empl~yees as follows:
A. All employees co vered ·1 y this Contract shall work at least forty (40) holD'S per week,
or in the case of shift work, an average of forty (40) hours per week . The work week shall consist of
five (5) eight-hour shifts, or other worlc 5Chedulcs as determined bi • the deplrtlllent director with
approval of the City Manager. All employees shall b: scheduled :o work a regular work schedule
and each shift shall have a regular starting and quitting time. Should the work schedule be changed ,
affected employees will be notified 24 hours in advance except in the case of an emergenc y as
determined by the Department Oi:-ector.
B. Employees shall be entitled to two 12) paid rest periods not to exceed fifteen ( I 5)
minutes or one (I) thirty (30) minute rest period for each shift worked . Rest p iods shall be under
the control of the supervisor or department director.
C. When p iblc, employees who work beyond their regular qui:ting IJme into an
overtime situation wi l' gi ble for a fifteen (I 5) minute rest period before they begin the overtime
work . When possible,. ,anal rest periods will be granted un der the control of the !Upervisor or
department director similar to rest periods granted under subr,aragraph B above.
0 . When necessary, employees shall be granted a fifteen ( I 5) minute personal clean-up
period priorto the end of each shift . The clean-up period shall be under the ~"~trol of che superv isor
or department director .
E. All employees will be granted an unpaid lunch period during each shift. Whenever
poss ible , the lunch period shall be scheduled at the middle of each shift.
See City of Englewood Administrative Pol icy# 2, "Hours of Work/Overtime", and Polic y
#3 , "Meal Breaks", for further clarification.
•
•
ARTICLE 6. OVER.TIME V,'ORK
1 A. ' Ito!' IIJ 1f111111i,yeila co\'eaed by dlis COlllrlet, 'excepr 11,apeotftod fbtlow, duties
performedoverllld ,lbovebaasiplwmlCblduleaballbeCOlllldadCMi11me. <>vwtime;shall
1101 be colnpllled ftc11' cbmjlenlatio:, lllo~lon previo111ly accrued co~.,~·
1 -,J I ,li 1 :f I ,.: r L • .J
B, 1J•FLSA non-exe-:npt (hourly) employees shall liecompenured1forcivertime .worlc at the
rate of one and one-half (!-I(~} times the nonnal pay rate or compensatory time off, computed at th e
rate ofone and one-lialf(l-1/2) times, ·' ' ' 1
( I ' ;1:: IT
The City retains the right to assign overtime work to any employee qualified to perfonn the
work .
ARTICLE 'i, ACTING PAY ()
v All ,panom appoialed to ,an acting posilio11, It lbe 90lt dilClltion ot: the Director, will be
compenslled at die minimum l'lle of the eotiDI pc!lilioll pay line, or 5%1above tbt nployee's
cumnt l'lle of pay, whichever ia pater. Theiqmployee111111t .bein1Hctingcapecity forthiny(30)
co11.1CCutive calendar days befon, said employee becomea eli11'ble for acting pay. Such pay will be
retto1Ctive to the ftrst day the «nployee lll1IIDel the l'IIIPOlllibility of the position .
,r'
See City of Englewood Administrative Policy M111ual, Policy #\, "Aeling Pay" fo r
discussion of acting pay for positions not covered by this contnet.
•
•
ARTICLE 8. MERIT INCREASES • ••( J
All mlrit ~ plOYided lbrtbe employee will be COlllidlnd upon the lllllliverwy date
and shall not be considered automatic, but l'llhllr, bad upon p111brmance . Said meritiDl:rale •may
be granted or denied to my individual employee upon recommendation of the departmtnt director
111d with the approval of the City Manager upon notice to SIICh individual employee .
ARTICLE 9. COMPENSATION I .r1J !HI
A. Each employee in the classified service shall be pPid at oooofthc rateu11 forth in the
pay plan for the class in which they are employed. ,
B. At least the minimum rate of pay for a class shall be paid to an employee who is
starting his employment with the City.
C. When a regular full-time position not under the classified service is brought into the
classified service, the rate of pay of the incumbent may be set by the City at the step closest to his
current rate in the grade established for the class . In such cases there will be no reduction in pay.
D. A change in anniversary date will result when:
(1) The employee is on leave without pay. The previous anniversary date shall
be adjusted one month for each twenty-two (22) working days ofleave without pay
in any twelve (12) month period.
(2) The employee terminates his employment and later is reemployed. The new
anniversary date shall be determined by his new employment date.
(3) When it is determined that the employee merits an increase, the date of the
increase will determine the new anniversary date.
E. Employees of the City of Englewood represented by the Englewood Employees
Association and covered by this Contract shall receive a four percent ( 4%) increase on the 2001 base
.vage rate effective January 1, 2002. Salary for 2003 will be negotiated in 2002 .
10
•
•
•
ARTICLE 10. LONGEVITY COMPENSATION l I }l (f
, Effective Jmwary I, 1984, and thereafter, ap new lures lh,.µ not be 1llalble for longevity
compensation u 'provided for under this Article. In addition io III employee's monthly saluy, the
employee shall be eligible for longevity compensation baed upon the number of yem of continuous
service with the City and shall be derived &om the foll~ schedule:
Years of
~ Amount of Compensation
15-19 $36 per month for $432 perym, axcept for those employees who have not
completed 16 full years of continuous service on December I of any year,
which employee shall receive 5288 plus an rmount equal to S12 for each full
month of completed continuous service after completion of I 5 years of
service up to December 1.
20 or more $48 per month for $576 per year, except for those employees who have not
completed 21 full years of continuous service on December I of any year,
which employee shall receive $432 plus an amount equal to SI 2 for each full
month of completed c,ootinuous service after completion of 20 years of
continuou • vice up to December I.
ARTICLE 11, ANNUAL LEAVE
Employees hired after January I, 1984, and covered by this Conbct shall earii annual leave
each pay period as follows:
Length of Hours per Rounper Earning
Service Pay P,eriod Year Limits
I. 0-4 Years 3.08 80 160 Hrs .
2. 5-9 Years 4.62 120 240 Hrs .
3. 10+ Years 6.15 160 320 Hrs .
Accumul ation of annual leave shall neither be authorized nor computed for an y purpose after the
maximum earning limit has been reached.
The sc'.1edule for use of annual leave shall be determined by the needs of the Dq:artment.
Annual leave shall be taken at the time convenient to and approved by the Department Director or
Supervisor. However, the City will make reasonable efforts to accommodate the request of an
emplo yee to use annual leave where a genuine emergency situation exists .
Annual Leave Pav
The rate of annual leave pay shall be the employee's regular straight time hourly rate of pay
for the emplo yee's regular job . Annual leave shall be allowed onl y to the total hourly amount
accumulated at the beginning of the leave, as verified by the department director .
Work During Annual Leave
If, after the employe~ has beg un his/her annual leave and the City requires the employee to
work during the scheduled annual leave period, the employee will not be charged with vacation time
for th e number of hours worked.
How Charged
Annual leave for emplo yees shall be charged on a work-day basis excluding re gular days off.
Annual Lea ve Pav Upon Separation
When an emplo yee terminates empl oyment with the City, they will be co mpen sat ed fo r
unused annua l leave earned as of the date of se para tion . Annu al lea ve is not to be used to extend an
emplo yee's date of separation.
12
•
•
•
ARTICLE 12, PERSONAL U'AVE l •
0 lJ'
All employees covered by this Contract shall be granted 48 houn of personal leave time with
pay which an employee~ entillod 10 IIIO for tho followill& purp<ll!CS :
A. ,Employee's own illneu/injwy
B . Illnessf'mjwy of employee's family
C. To attend to personal business
For any employee-who has not used the48 hours of personal leavetimeending0cl0ber3 l of
each year or any portion thereof, the City will compcnaate said employee for the Wlllled time at the
employees regular wage rate IO be paid during the month ofNovember of Iha\ year. Personal leave
time shall not exceed 48 houn nor shall it be accumulated or earned over from one year to the next.
Personal leave shall be scheduled and administered under the directiQn of the dcpllltqlent dirtctor or
supervisor. In the event of illne$S/injwy in which personal leave is requested, shift work employees
shall notify th.,ir 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 .
13
ARTICLE 13. SHORT TERM DISABILITY (STD) J q .::1 ,1.1)1 }IJ
(Formerly Tempor3ry Disability-Non Job-Related)
Short term disability leave is granted for non-service connected lnjwy or Illness •of an
employee with at least ninety (90) days of service with the City, whose disability prevents the
employee from performing bis/her duties . Short term disability (STD) is paid at 100% of the
employee's regular hourly rate.
The City agrees to provide employees covered by this Contract STD leave with pay for
employees absent as a result of illness/injury as follows:
91 days-4 years
5.9 years
lo+years
347 working hours
S20 working hours
693 worlcing hours
Short term disability leave shall not be accumulative. January 1 of each ,.-ear the City shall
restore 100% of the nu."'lher of hours used by an employee during the preceding year as follows :
91 days-4 year;
5-9 years
lO+years
Utilization
up to a maximum of 17:J working hours
up tr ,; maximum of2-'i0 worlcing hours
u~ to a ma;:i.-num of317 working hours
•
A. Authorization for STD leave with pay shall only be granted after the first normal daily •
s~.i ft of disability .
B. Authorization for STD shall only be granted for personal illness or injury, not service
connected, including maternity related disability
See City of Englewood Administrative Policy #31, "Family and Medical Leave Act
(FMLA)".
J;i ~!: 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 exha•Jsling STD hours .
B. By cashing in all accrued sick leave accumulated under the pre vi ous plan upon
normal retirem ent from the City al the rate of one hour's pay for each two hours of accrued sick leav e
or one hour's pay for each four hours upon separation from the City.
C. By cashing in accrued sick leave, once each year at lhe conversion rate of four (4)
hours sick leavt · for one (1) hour pay, not to exceed a conversion of more than 400 hours each year .
14,
•
• Baortin& or s·:112
1 .,I) f \ i~
The 1mployee 9r a pi~ ~f the emplpyee'.1 holllChold shall no,'¥>' '!1e ,51ployee's
supervisor pn.ir to the employee's scbcdul¢ reponin& lime. No STD leave will be1 aruited to an
employee who fajls to notify their supervisor prior to the beginning of the employee's wodt shill
Verification ofPiabilitv
If absence fiom work is three (3) days or more, a medical release must be provided to the
employee's supervisor, who will forward it to Hwnan Resources for poSSlble Family Medical Leave
qualification.
Abuse of STD occurs when an employee misrepresents the actual reason for requesting STD
or when an employee uses STD leave for unauthorized purposes. An employee who makes a false
claim for ~TD leave shall be subject to disciplinary action or dismissal .
15
ARTICLE 14. WORKERS' COMPENSATION
A. For any on-the-job injwy which causes an employee to be ._.tom WOiie as a
result of such injwy, the City shall pay to such employee his 11111 wages from the llnt day of his
atiseoce'fromwonc up to aiid in~ludiq tbe90tb calendar day of such abscm:c;1-whalever swns
received by the employee as disability bc:nellu undh worlcmen's compensatiotlP'llle City requires
any' employee · on workers' ~on to submit to an examinatiori(a) liy Citylippointed
physician(s) at the City's expeme or unaer the provision of workers' cotnpenWion. The employee
will not be charged sick leave for disability under this Article . ,a < ,,.
B. All workers' compensation injuries shall be reported to the emptoyel:•s supervisor
within 24 hours of the injwy or before lhe employee leaves their department of employment.
! ' I
16
•
•
•
• ARTICLE 15. MILITARY LEAVE
The alllbor;ty for thia policy ia derived tiom the proviaions of Public L&w 93-508 (1974)
as amendod by Public Law 94-286 ,(1976).
The City is obligated to grant military leave with pay for absences not cx~eeding fifteen
(IS) calendar days per year in accordance with the above mentioned fed .ral law. The Cily
cannot require an employee to use annual leave for such purposes . The employee may, however.
request use of vacation, compensatory time, or leave without pay to supplement absences
exceeding those covered by the fifteen (IS) day military leave allowance.
Military leave of absence will result in no loss of any condition of employment that
would have normally occurred if the employee had not been absent for such purposes.
Employees are responsible for providing their department directors copies of all military
orders that will result in a leave of absence for active military duty. Employees are also required
to notify their supervisors at the earliest possible date upon learning of scheduled military duty .
The City will make a reasonable effort to adjust work schedules and assignments to
accommodate employees fulfilling military obligations .
Employees who fail to return to work on the date specified in the leave request, without
receiving an extension in advance, are subject to disciplinary action up to and including
termination.
Inactive duty training dates (weekend drills) should be provided to the department
director as soon as available if the da•.es conflict with scheduled employment with the City .
17
ARTICLE 16. FUNERAL LEA VE
Full-time empi!lyees are eliail>te lbr up to Corly ( 40) houn of l\m~.t leave. Annual or
personal leave may be n:qucsted if additional time otris nccaary. F111':ral leaw applles to
members of the employee's f'amilt, For)llllpOSes of this policy, "Emp loyee's Family" will mean
the employee's spouse, or the children, gnmdchildr,'11, parents, gnndplffllts, brolhers, and sisters
of the employee or of the employee's spou,e.
18
•
•
ARTICLE 17. JURY DUTY AND WITNESS SERVICE lt J 'lnll)IJ
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 b!' lepl authority . The employee
will receive their regular salary for jury duty served. Any jury pay will be reimbuned to the City.
The employee may retain any reimburscmenll for mileage and parkir.g. Employees on jury duty
or called as a witness in their official, City capacity will be expected tc work aa much of their
regularly scheduled workday as their jury duty schedule or appell'IIICC in court permits .
When an employee is subpoenatd as a witnesa in private litigation to testify, not in his
official capacity but as an individual, accumulated leaves will be med to cover .ne time absent
All accurnulat-.d leaves must be exhausted before 11:e time absent can be taken as leave wi1hout
pay .
Employees will not be paid overtime or earn compensatory time for time served as a juror
or a witness . Overtime is computed on hours actually worked over forty (40) hours at the
assigned job.
An employee must return to work after being excused from jury duty if there are more
than two (2) hours left in their rrgularly, scheduled workday .
ARTICLE 18. HOLIDAY~ ' " >lHIJ
A. The following days shall be considered official holidays by the City :
I. New Yeats Day: January I.
2. Manin Luther King Day: the third Monday in January.
3. Ptesident's Day: the third Monday in February .
4. Memorial Day : the last Monday in May .
S Independence Day : July 4.
6 Labor Day : the first 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 .
l O Christmas Eve : December 24 .
11 . Christmas Day : December 25.
B. Any employee covered by this Contract who does not perform duty scheduled on the
working days or have approved paid leave immediately prior to and following a holiday shall not
receive pay for the holiday .
C. Employees required to work on an official City holiday shall receive one and one-half
(I 1/2) times the employee's regular rate of pay for all h•Jurs acrually worked , in addition to the
employee's regular pay for the holiday, OR time off at tht rate ofone and one-half(! 1/2 ) times the
number of hours actually worked at the discretion of the department director.
D. When one of the foregoing holidays falls on a Sunday, the following Monday shall be
observed as the legal holiday. When any of the foregoing holidays fall on a Saturday, each emplo yee
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 purpose of closing City offices and
functions .
See City of Englewood Administrative Policy #33 , "Holidays", for further clarification .
20
•
•
ARTICLE 19. UNIFORM CLEANING ALLOWA:N<lE .o Ill, I
lfm.emp..,,_ iuoqllirld to war a unilimn, the employee lhall wear the unilbnn only as
authorized by the department, wort rula. The City will provide unilbrma, cleanina and
repllcemenls. The City will provide 50% of the cost of required wort shoes up to a maximum of
$70 per year except with deparlment director approval . All employees shall maintain a presentable
appearance while on duty . The employee is responsible for any damage to the uniforrn by
negligence or deliberate act .
21
ARTICLE 20. TIJITION REIMBURSEMENT ll-I,~-•~ ".l I 'jj()~~,,, J P,. I 11 'JI/
Sec City ofl!nglewoou Adminillrltrle Policy #29, "Tuition~-
22
•
•
ARTICLE 21. LIFE INSURANCE
Term life imunnce will be provided by tbe City for employees covered by !hi: Contract in the
-.,wit of ooe tbnc bil.lhcr 11111ual ~-To, qainlmum ,bcneqt ia $30,000 md the maximum
benefit iii SSQ,000. Upon mirement, \he emetoyee may c:onvcrt tbe life ~ per the life
insurance plan convenion apmenl in pl~ a} the time'ofbi&'ber retimnen~~ ,,
I ••
23
ARTICLE 22. INSURANCE
A. MEDICAL
The City will pay el&hty-flv.e percent (85%) of the premium COit tbr sinale and
dependentcoverige tor medical UIS)U'lllce. Employeeswillpayflfteenpercent{i5%) of the
premium COIi !'or single Pnd dependent coverage for medical imuranee .
B. DENTAL
The City will pay eighty-five percent (85%) of lbe premium cost for single and
dependent coverase for dental insurance. Employees will pay fifteen percent (15%) of the
premium cost for single and dependent coverage for dental insurance .
C. Any dispute concerning the interpretation or application of benefits provided
under lbe health or dental plans shall be subject to the plan appeal process . It is expressl y
understood that this article is a non-grievable item under this contract
24
•
•
•
ARTICLE 23. RETIREE HEALTII ~ .I
Employees~ prior to ~1111111)' 1, 1980, will be provid'1beallhilllunDcc coverage by the
City 011 ': oon~ ,~uil. the coverap will coordinalt yndl Medicaid and M,eclicare
wbcrcVer app~Clblf. R.alirepl aki/a,pary I, [980 will be ~ CODYmjQII privileaa to the
Health lnaurlnce Planavlilablelhrouib the City. FortholcvmoniindpriortoDecembcr31, 1996,
the City will pay 50% of the colt of coverage of the conversion plan up to a maxlmum ofSSO per
month . For retirees after January I, 1997, the City will pay 50% of the cost ofcovmge of the
conversion plan, up to a maximum ofS75 per month . It is the intent of the City to phase out this
provision .
25
ARTICLE 24. PENSION/RETIREMENT PLANS
The pension plan description lbr employees co:vpd by tllis Contract is set forlh in Title III,
Chapter 4 of the En11lewood Municipal Code. Addllionallr, 'the plan description lbr the Non-
Emergency Employea Money Puri:hue Plan is available lbr inspection in the Depll'llltent of
Finlnce and Administntlve Services. " 1
J t
T'
•
ARTICLE 25. LAYOFF
A. r Vfbpnever there i1 lack of work, lick of ftmda, or Wldlr CODdiliona when: it is
determined that ~ntinued work would be inel!lollllt or DODplllCluctivt, nqulrlna redul:liom in the
nwnber of ~loyees. the appointi111 llllbority ablll clllialllll tbedlpulmtnt 111d politiom in which
the layoff' fs 'to be made. Upon such detennlnatl0111, the nqulnd number or employees in the
affected department and position shall be placed on a recall lilt or 1n111remc1 by the appointing
authority, each in order of his relative lenath 111d quality or MIVice u shown by the ptrsoMel
records. All other factors being equal, seniority shall prevail.
B. All other mctors being equal, employees on layoff' shall be recalled In the order of
relative length of service as shown by the penonnel records, p.-:,vided that those recalled have the
demonstrated ability and same qualifications to perform the available work u determined by the
City. N:i new employees shall be hired until all employees on layoffstalllSdesirina to return 10 work
have been recalled . The recall list shall tenninate after one (I) year.
27
ARTICLE 26. LEA VE OF ABSENCE (WITHOUT PAY)
After twelve months of continuous service and upon apprJvaJ of the departmenl direc10r,
in concumnce with the Human Resources Director, employees may be granledu unpaid leave
of absence of up to one year for compelling personal reuons not related to Fali!i1y Medical
Leave reasons.
All accrued, paid leave must be exhausted before the begiming of the unpaid leave of
absence . Employees on such leave do not accrue personal leave, amual leave or longevity pay .
Employees on unpaid leave of absence are not eligible for holiday, jwy, military, funeral or
administrative leave. When an employee is on an unpaid leav., of absence, be/she will main
remain in the City health and dental insurance plans, provided the employee portion of the
premium is paid by the employee .
The employee may retain the benefit accrual rate they were eligible for at the begiming
of the unpaid leave, provided the employee returns•~ work with the City on the agreed upon
date. Upon return. the employee 's hire da:·: will be adjusted if the leave has exceeded thirty :JO)
calendar days . The department director, in concurrence with the Human Resources Director, wi!l
determine the employee's next review date.
An employee who engages in other employment, including self-employment, while on
official leave of absence , will be terminated effective as of the last day worked, unless prior
wrinen approval has been obtained from the Human Resources Department .
Employees on an approved leave of absence, who fail to report for work by the first day
after the expiration date of the leave of absence or a properly approved excension, will be
terminated fror.. their employment with the City as o[ the last ,fay actuall y worked .
•
ARTICLE 27. GRIEVANCE PROCEDURE
A grievance ,is ,defin~ u a claim or dispute by an employee covered by the tmns of this
Con1111Ct concemina an alleged violation of a specific provision of this Con1111Ct. The employee shall
be required to follow the p~ure as set out below:
A general grievance is de lined as a grievance that concerns a group of employees or the
bargaining unit in general. A general grievan ce can only be filed by the Association within the time
frame specified in Step I, and the initial review will occur by the department director at Step 2
below,
A. "Work Day" means calendar days exclusive of Saturdays, Sundays, and City
recognized holidays .
Step t.
If the employee is unable to settle the grievance or dispute orally and informally through
his/her immediate supervisor within five (S) working days of the date of the occurtence of the
grit "ance, or the employee's knowledge of it, the employee may, within the rucceeding five (S) work
days, file a written grievance with his/her supervisor. The supervisor shall attempt to adjust the
matter and shall respond in writing to the employee within five (5) work days.
Step 2.
If che answer is not satisfactory, the matter shall be presented in writing by the employee to
the department director within five (S) work days following receipt of the supervisor's response. The
department director shall respond in writing to the employee within five :s) work days.
Step 3.
[fthe grievance still remains unadjusted, it shall be presented by the employee to the Cir·,
Manager in writing within five (S) work days following receipt of the response of the department
director. Th e 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 (10) work days of that
meeting, the City Manager or his/her designated hearing officer will issue a written decision .
Step 4.
l. [f 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 arbitrati on. The parti :s will attempt to choose a mutuall y
agreeable arbitrator . If within five days of the request for arbitraiio n the Association and the City
cannot mutually agree on an impartial arbitrator, a request ••iii '.le filed with the American
Arbiuation Association for a panel of se ven arbitrators to be sem to :he panics. The arbitrator shall
be selected by a method of alternative striking of names from the panel, with the first strike
determi ned by a coin flip. The final name left on the panel shall be the arbitrator. The arbitrator
shall be requested to issue ~ d.:cision within thirty (30) days after conclusion of testimony and
argument.
29
•I ,. II I
2. Each pany shall be responsible for compensation to ill own representatives and witnesses. •
The fees of the arbitrator shall be bome ually by the AJSoc:ialion and the City .
3. If either party desires a verbatim record of the proceedings, it may cause such a record to
be made, provided it pays for the rec1Jrd and makes a copy available to the ari>itrator. If the other
party wishes to have a copy of the 1r1111script it shall shan: all costs for the tranacript.
4. Authority of Arbitrator.
The ari>itrator shall have no power to add to or subtract from or change the tern-,$ of this
Contract . The written decision of the arbitrator shall be final and bir iding upon the panics. The
ari>itrator shall limit his decision strictly to the grievance submitted which has been properly
processed through the grievance procedure outlined .
5. Failure by an employee or the Association to comply with any time limitation shall
constitute a settlfment of the grievance . Should the employer not respond within the prescribed
time , the grievance 11,:II automatically proceed to the next step. At the employee's option , the
employer may be allowe.i additional time to respond .
Grie vance Option
It is agreed that should the appeal procedure as provided under 138:3 of the City Chaner or
applicable City ordinance is utilized, recourse to the grievance procedure included in this Anicle •
shall be waived.
Processing Grievance During Working Ho urs
Grievances may be investigated and processed by the employee or designated employee
representative during working hours, within reasonable time limits, without loss of pay , pro vi ded
not ir.e is given and the workload permits .
30
•
•
ARTICLE 28. WRITTEN CORRECTIVE ACTION I If H
Wblneverl!IOl'D ICrioua P'!llllldl forcom,ctive action exist (i.e., more serious than -thole deemed
by die supervisor to,.,_, onl,COITIICliw action) the supervi10r should iAUe a wrillln corrective
actlon. 1be: writtm caaectlve action will be addreued to the employ1111 and will include lhe
following infoanllion: •. "
• n. violllion ·
• The apecific behavior
• The dllel oftbe behavior
• The warning Iba! continuance oflhe specific behavior will result in disciplillll)' action, and
• An offer of aailtm:e in correcting the behavior.
Both lhe employee and supervisor must sign the document(ifnec~, ll!elJIPC1'Vi10r will note
that the employee refuses to sign the docinnent). A copy of tht ,mtten corrective action will be
forwarded to Hwnan Resources to be included in the employee's official penonnel file . The
employee will have the opportunity to submit written comments in response to the written cornctivc
action to be included in their file .
This Article shall not be grievable under Ibis Contract, nor shall it apply to probationary
employees .
31
ARTICLE 29. DUES DEDUCTION
A. The City agrees to deduct the Englewood Employees Association dues each pay
period from the pay of those 11111ployees who individually request in writing tllll such deductions be
made, subject to the garnishment laws of the State of Colorado . The amo\llllS1D 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 Treuurcr by the I Sth of
u,e succeeding month, after such deductions are made. The authorization shall be revocable during
the term of the contrac~ upon written notice by the employee to Human Resources .
B. If no wages are paid an authorized employee on the last pay 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 monthly City pay period. It is expressly Wldemood that the City assumes
no liability and shall not be liable for the collection 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 l::ity will not be
responsible to make adjustments , until notified by the Treasurer of the Englewood Employees
Association.
C. The Englewood Employees Association shall indemnif)· ant! hold the City harmless
against any and al! claims, suits , orders, or judgments brought or issued aga-.nst the City as a result of
any action taken or not taken by the City under the provision of this Anic"le.
_,
•
D. Changes in the dues amount to be deducted shall be limited to two (2) changes each •
year, providing a thirty (30) day written notice is provided to Human Resources.
E. Should the change in the deduction method require a computer programming change.
the Englewood Employees Association shall be rerponsible for the cost of such change or changes ,
at 530 per hour with a four (4) hour ma.~imum . Payment from the Englewood Employees
Association shall be made to the City Finance and Administrative Services Director within ten ( I 0)
days of receipt of billing.
32
•
•
ARTICLE 30. ASSOCIATION ACTIVITIES 1iq11 l~)'"l
'.l'bF Ci!)'1~ ~ ~ woiidJli bo~ on Ille ~ilr.tMflllses and wi~III loa of pay,
Englewood Em!lloy.es=AAoqanon mimbcn ~ be allQwlid IO: al.tend Enalewood Employees
Association .,jjor DlllllgCIIIClll meetinS9; POil Bqlewood Employees Assoc:l~on notices CIII City
design11ed bulletin boar ls; solicit Enatewood Employees Association membcnbip1 during
employee's non-work time; and repraent employees on grievances and negotiations .
33
ARTICLl31. STANDBY PAY
Alleaiplo~covemlbythlaCcml&tlllld,llllped~y~~ile,compensaledata
rate equal 10 eisht (8) hours at his/her~ rate o~pay lbr one Wfilt of 9llliiby duly .
' '
JI
'IJT JI rot w-,· oq
!,
•
ARTICLE 32. CALL BACK JI I I
Any~ pz\,ep!PI~ on q[-gu.y ll8IUI is called back to~ ~c/she sjla11 ~ Cl'ldited with
a minimwn of two (2) houn pay at the rale ~'f one and one-half (I 112) times his/her regular hourly
' I l I rate .
1,. 11 ' fl ,.
11
JS
ARTICLE 33. LABOR MANAGEMENT COMMITI'EE ' • I W) .S:t IJ")llJ
A Labor M11111ement Committee consisting Jr four (4) mefubeti '1aw9inted by the
Association and four (4) memben appointed by the City shall meet on a quarterly buis . The
committee will only deal with group issues that are not dealt with through other exilting committees
or grievance procedures. The As1ociatio11 will send its agenda items to the Human Resources
Director at least one (I) week prior to the date of the quarterly meeting.
36
•
•
ARTICLE 34. EXCLUSIVENESS OF CONTRACT
The City and the Aaaoclation agree tluit the terma and provisiom herein contained comtinne
the entire Contract between die parties. The City and the Association agree that all neaotiable items
hP.ve been discussed during die nqotilliom leadin1 to this Conttact and, therefore, agree that
negotiatiom will not be reopened on 111y item during the life of this Contract, except by mutual
agreement of the parties.
IN WITNESS THEREOF, the parties have caused this Conttact to be signed by their
respective representatives, and their signatures rlaced thereon, on this ____ tlay of
~ 2001 at Englewood, Colondo .
ENGLEWOOD EMPLOYEES
ASSOCIATION
37
CITY OF ENGLEWOOD
Mayor
ATTEST :
City Cleric
City Manager