HomeMy WebLinkAbout2000 Resolution No. 051•
~ESOLUTION NO. §1_
SERIES OF 2000
A llF.SOl,UTION AUTHORIZING THE COLLECTIVE BARGAINING AGREEMENT
e;;;TWEEN THE ENGLEWOOD EMPLOYEES ASSOCIATION AND THE CITY OF
llNGLEWOOD FOR THE PERIOD OF JANUARY 1, 2001 THROUGH DECEMBER 31,
;,001.
WHEREAS, the City Council of the City of Englewood authorized ''The Collective
Bargaining Agreement" with the Englewo,,-l Employees Association for 1999, 2000 and
2001, by the passage of Resolution 83, Series 1998; and
WHEREAS, the City of Englewood an,i the Englewood Emplo)ees Association entered
into negotiations in May, 2000 in accordance with the Englewood City Home Rule Charter;
and
WHEREAS, the members of the Englewood Employees Association duly ratifisd, by a
majonty of the members, the Collechve Be-gaining Agreement; and
WHEREAS, the passage of this Resolut,:11 will authorize salary, life insurance and
dentai insurance provisions of the "Collect.ve Bargaini!ig A-reement" betweeo "c:he Englewood
Employees Association and the City of Englewood for the year 2001, and
WHEREAS, significant chan11es to the Contract include the following: (1) Employees
covered by the Contract will receive a three and three tenths percent (3.3% increase on the
2000 base wage rate effective J anuary 1, 200 I. (2) Life Insurance will be provided by the
City for employees in the month immediately following commencement of their employment
with the City. The previous coatract indicated the insuranct. wouid be effective one year after
hire . (3) Dental ,nsurance willbe allowed in the month immediately following ccmmencem•nt
of their emplr,yment with the City. The previous contract indicated the insurance would be
effective one year after hire.
NOW, THERBFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, AS FOLLOW,,:
~l-The C'.•i Council of the City of Englewood, Colorado hereby approve, the
Collective Barga :ning Agreement between the Englewood Employees Association and the
City of Englewood for the period of January l. 2001 through December 31, 2001, attached
hereto as Exhibit A .
~. The Mayor an tl the City Clerk an, hereby authomed to ai1111 and attest tha
Collective B1riainin1 Agreement between the Enclewood Employee, Aaaociation and the
City ofEns)ewood, Colorado, for the period of J 1u111ary 1, 2001 t:»-ough Deaimber 31 , 2001.
ADOPTED AND APPROVED this 26th day of June, 2000 .
a~t½;.;=
w:rilhia A. Ellil, City Clerk
,,,.... .. ~-""""' ..... ~.-~..,,,.. above ia a true copy of Resolution No,(I/.. Seriaa of 2000. • , {j__ ~
Loucriabia A. Ellis
~ r ,, l
TO
' t I 'I ' J(I/
COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE ·
CITY OF ENGLEWOOD
AND THE
ENGLEWOOD EMPLOYEES ASSOCIATION
JANUARY 1, 1999 --DECEMBER 31 , 2001
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ARTICLE I IN TRODUCTION
ARTICLE 2 DURATION OF CONTRACT
ARTICLE 3 RECOGNmON
ARTICLE 4 EMPLOYEE RIGHTS
ARTICLE 5 HOURS OF WORK
ARTICLE 6 OVERTIME WORK
ARTICLE 7 ACTING PAY
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ARTICLE 8 MERIT INCREASES
ARTICLE 9 COMPENSATION
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ARTICLE IO LONGEVITY COMPENSATION
ARTICLE II ANNUAL LEAVJ:
ARTICLE 12 PERSONAL LEAVE
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ARTICLE 13 DISABILITY -TEMPORARY (NCN-.!OB RELATED)
ARTICLE 14 ON-THE-JOB INJURY -DISABIL!T"r
ARTICLE 15 MILITARY LEAVE
ARTICLE 16 FUNERAL LEA VE
ARTICLE 17 JURY DUTY AND WITNESS SERVICE
ARTICLE 18 HOLIDAYS
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ARTICLE 19 UNIFORM CLEANING ALLOWANCE 13
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ARTICLE 20 TUmON R',FUND 13
ARTICLE 21 LIFE lNf .J RANCE 13
ARTICLE 22 DENTAL INSURANCE 13
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ARTICLE 23 HEAL TH INSURANCE • EMPLOYEE/RETIREES 14
ARTICLE 24 RETIREMENT BENEFITS 14
ARTICLE 25 LAYOFF 14
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ARTICLE 26 LEAVE OF ABSENCE (WITHOUT PAY) 15
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ART!Cl F 27 GRfEVANCE PROCEDURE 16
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ART!l s LETTER OF CORRECTIVE ACTION 17
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ARTICLE 29 DUES DEDUCTION 18
ARTICLE 30 ASSOCIATION ACTIVITIES 19 • ,.
ARTICLE 31 STANDBY PAY 19
ARTICLE 32 CALL BACK 19
ARTICLE 33 LABOR MANAGEMENT COMMITTEE 20
ARTICLE 34 EXCLUSIVENESS OF CONTRACT 20
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CONTRACT
BETWEEN THE CITY OF ENGLEWOOD ..,
AND THE
ENGLEWOOD EMPLOYEES ASSOCIATION
ARTICLE 1. INTRODUCTION 'H '
This contract entered into by the City of Englewood , Colorado, and the Englewood
Employees Association has as its purpose the promotion of hannonious relations between die City
of Englewood and its Employees, a fair and peaceful procedure for the resolution of differences;
the establishment of rares of pay and hours of work . and other conditions of employment an set
out in the City Chaner .
Except where limired by express provisions elsewhere in this Contract, nothing in this
Contract shall be consl?Ded 10 restrict, limit or impair the rights, powers and authority of the City
as granted 10 it under the laws of the Stare of Colorado and the City's Charter and Municipal
Code . The rights , powers, and authority include, but are not limited 10, the following:
A. Determine the overall mission of the City as a unit of government .
B. To maintain and improve the efficienc y and effectiveness of City operations .
C. To determine the services 10 be rendered, the operations 10 be perfonned , the
technology 10 be utilized, or the matters 10 be budgeted .
D. To detennine the overall methods, processes, means, job classifications or
personnel by which city operations are to be conducred.
E. To direct , supervise , hire , promote, transfer , assign, schedule , retain or lay-off
etnplO)'ees.
F. To suspend , discipline , discharge , or demme for just cause, all full-t ime pennanem
classified employees.
G. To relieve employees from duties because of lack of work or funds , or under
conditions where the City determines cominued work would be inefficiem or nonproductive .
H. To take whatever other actions may be necessary to carry out the wishes of the
public not otherwise specified herein or limited by a collective bargaining Contract.
I. To take any and all actions 10 carry out the mission of the Cicy in cases of
emergency .
J. Nothing contained herein shall preclude the Cicy from conferring with i!S employees
for purposes of developing policies 10 effecruare or implemeru any of Ille above enumerated righ!S .
The City retains the right to change any past practice which is not in violation with this
Contract. In the event a past practice is sought to be changed by the City Manager or Department
Heads, the Englewood Employees Association will be provided reasonable written norjce of the
intended change. The Englewood Employees ,..sociation retains the right 10 grieve any change
in practice which is in violation of this Contract .
ARTICLE 2. DURATION OF CONTRACT
A. This conuact wiU take effect on January I, 1999, and shall continue in force to and
including December 31, 200 I. provided that either parry may reopen negotiations for Anicle 9 by
giving written notice of interu IO negotiate Anicle 9.E prior 10 May 15, 2000 ; and negotiations on
salary, dental insurance and health insurance, • employee/retiree for 200 I will be held in 2000 in
accordance with the Chaner . The Cicy will notify the Union three (3 ) months prior 10
commencement of negotiations if there is a need 10 negotiate on dental or health insurance.
B. This contract or any pan ot it, may be terminated or renegotiated at any time by
murual consent of both panics.
C. Jf any anicle or section of this contract should be held invalid by operation of law
or any Coun of compereru jurisdiction . or if compliance with or enforcement of any anicle or
section should be restrained by such Coun, the remainder of this contract shall not be affected
thereby and this Contract shall remain in full force and effect, and the parties shall promptly meet
and negotiate for the purpose of anempring 10 arrive at a muruall y satisfactory replacement for
such article or section.
D. The parties agree and underst.u.d ibat provisions relating 10 employee s covered by
this contract shall in no way displace or modif: ,1resent or furure srarurory case law of the State
of Colorado .
E. The panies acknowledge that during negotiations which resulted in this contract,
each had the unlimited right and opponunicy 10 make demands and proposals with respect 10 any
subject or matter appropriate for Contract negotiatio ns and that the un lersrandings and agreemen!S
arrived at by the panies after this exercise of that right and opponunity are set fonh in the
comracr .
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ARTICLE 3. RECOGNITION l!L L ..
The City recognizes the Englewood Employees Association/ AFSCME Local #303 as the
sole organization certified pursuant 10 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 non-emergency employees of the City .
Excluded : All supervisory, managerial. confidential, pan-time. temporary. seasonal,
and contracrual employees , studerus, and all employees hired through the use of Federal. state or
other outside funcl.ing sources for special projects or programs , and all otben who may be
determined prior 10 or during the life of this Contract as provided under the City Chaner .
NOTE : For legal authority see City Charter 137:1, 137 :2 b, c, IT,, m 1-6, n, o, and
137 :3. Also see 137:2 (k) re : employee rights of association .
ARTICLE 4. EMPLOYEE RIGHTS
A full -time classified employee wh o is not a confidential employee, a managerial employee,
or a supervisor shall have the right :
A. To form , join, suppon or participate in, or 10 refrain from fonning, joining,
supporting, or participating in the employee organization or its lawful activities; and
B. Bargain collectively through their certified employee representative .
C. No employee sball be interfered with, restrained, coerced or discriminated against
because of the exercise of these rights nor shall the right of an individual employee 10 discuss
employment concerns with the City be infringed upon.
NOTE: For legal authority see Employee Rights of Association 137:2(k) of the City
Chaner.
ARTICLE 5. HOURS OF WORK
All departments, functions or activities shall obstrve office and working hours accessary
for the efficient transaction of their respective services. Such have been determined for non-
emergency employees as follows:
A. All employees covered by this Contract shall work at least fony (40) hours per
week. or in the case of shift work . an average of fony (40) hours per week . The work week shall
consist of five (5) eight-hour shifts . or other work schedules as determined by the depanmenl head
with ap11roval of the City Manager. All employees shall be scheduled 10 work a regular work
schedni c rnd each work schedule shall have a regular staning and quitting time . Should the work
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schedule be changed, affected employees will be notified 24 hours in advanr~iexcepc ill thJ;case
of an emergency as determined by the Department Director.
B. Employees shall be entitled to two (2) rest periods not to exceed fifteen,(15) minutes
or one (I) thiny (30) minute rest period for each work schedule. Rest periods shjlll be under the
control of the supervisor or department head .
C. When possible. employees who work beyond their regular quitting time into an
ovenime siruation shall be eligible for a fifteen (15) minute rest period before they begin the
ovenime work . When possible, additional rest periods shall be granted under the conlrQl of the
supervisor or department head similar to rest periods granted under subparagraph B above.
D. When necessary , employees shall be granted a fifteen (15) minute personal clean-up
period prior to the end of each work schedule. The clean-up period shall be under the control of
the supervisor or deparnnent bead .
E. All employees shall be granted a lunch period during each work schedule.
Whenever possible, the lunch period shall be scheduled at the middle of each work scheduje. ,
ARTICLE 6. OVERTIME WORK
A. For all employees covered by this €ontract, except as specified below, duties
performed over and above !he assigned work schedule shall be considered ovenime. Ovenime
shall not be computed nor compensation alloned on previously accrued ovenime.
B. All personnel subject to ovenime shall be compensated for ovenime work at the
rate of one and one-half (1-1/2) times the normal pay rate or compensatory time C'ff during normal
work hours, computed at the rate of one and one-half (1-1/2) times.
The City retains the right to assign ovenime work to any employee qualified to perform
!he work.
ARTICLE 7. ACTING PAY
All persons appointed to an acting position at the sole discretion of the Director will be
compensated at the minimum of the acting position, or 5%, whichever is greater, for rJle position
for which he/she is acting as approved by the Director of said Depanment . The e,.nployee must
be in an acting capacity for forty-<!ight (48) consecutive working hours (excluding ovenime) before
said employee becomes eligible for acting pay. Such pay will be retroactive r·J the first day
employee assumes th~ responsibility of the position.
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ARTICLE 8, MERJT INCREASES J I )l $i
All merit increases provided fur the employee will be considen:d upon lbe anniversary date
and sbail'not be considered automatic, but rather, based upon performance . Said merit increase
may be granted or denied 10 any individual employee upon recommendation of the 1depanmen1
bead and with the approval of lhe City Manager upon notice 10 such individual employee. Toe
date in which the merit increase is approved shall detennine lhe new merit anniversary date .
ARTICLE 9. COMPENSATION
A. Each employee in lhe clas sified service shall be paid at one of the rates sec fonh in
lhe pay plan for lhe class in which they are employed .
B. At lease the minimum race of pay for a class shall be paid 10 &n employee who is
starting his employmem 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 incumb~nt may be set by the City a1 the step closes1
to his current rate in lhe grade established for the class . In such cases there will be no reduction
in pay .
D . A change in anniversary date will result when:
(I) Toe employee is on leave without pay . Toe previous anniversary dace shall
be adjusted one month for each twenty -two (22) working days of leave without pay
in any twelve (12) month period.
(2) The employee 1erminates his employmem and later is rremployed. The new
anniversary date shall be detennined by his new employment date .
(3) When i1 is detennined that the employee merits an increase , lhe date of the
increase will derennine lhe new anniversary date .
E. Employees of the City of Englewood represented by lhe Englewood Emp'.oyees
Association and covered by this Comract shall receive a three percent (3.0%) increase on the 1998
base wage rate effective January J. 1999; and an additional three percent (3 .0%) increase on the
I 999 base wage rate effective January I, 2000 . Salary for 200 I will reflect a three and three-
tenths percent (3.3%) increase on the 2000 base wage rate and will be effective January I. 2001.
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ARTICLE 10. LONGEVITY COMPENSATION ·ll'JITH;
In addition to an employee's monlhly salary. I.he employee shall be eligibl~ fo~ longevity
compebsation bued upon I.he number of years of continuous service with the City ,an<l ,sball ~
derived 'from lhe following schedule:
Years of
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0-4
5.9
10-14
15-19
20 or more
Amoum of Compensation
Nooe
$12 per month for Sl44 per year . excepc for those employees who have noc
compleced 6 full years of continuous service on December I of any year,
which employees shall receive an arnounc equal to $12 for each full month
of compleced continuous service after completion of 5 years of C'Wlinuous
service up to December I.
$24 per month for $288 per year. except for those employees who have nm
completed 11 full years of continuous service on December 1 of, any year.
which employees sball receive S!44 plus an arnoum equal 10 $12 for each
full month of completed continuous service after completion of 10 years of
contin uous service up to December 1.
$36 per month for $432 per year. except for those employees who have not
completed 16 full ::·= of continuous service on December I of any year,
which employee •;b . receive S288 plus an arnounc equ.tl to Sl2 for each
full month of comp, .ed continuous service after completion of 15 years of
service up to Drcember 1.
$48 per monlh for ~576 pe r year, except for those employees who have not
completed 21 full years of LDntinuous service on Dec ember 1 of any year.
which employee shall receiv,: S432 plus an amount equal 10 S12 for each
full month of completed concit,uous service after completion of 20 years of
continuous service up to December 1 .
Effective January 1, 1984, and thereafter, all new hires shall no1 be eligible
for longevity compensation as provided for under this Article.
ARTICLE 11. ANNUAL LEAVE
A. Employees hired prior 10 January I. 1984 . and covered by this Concrac1 shall
accumulate annual leave each pay period al the race of 4.62 hours per pay period of active service.
Annual leave shal l nm be gran1ed 10 any employee uncil after compl~tion of rwelve ( 12) months
consecutive service with the City unle ss otherwise aulhorized by lhe depat u11em head. In order
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to qualify for annual leave credit during the pay period, the employee must have worked for at •
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least one-half (1/J) of rhe working days of that pay period excludin& audlorizcd , paid, leave, Fpr
those employees having less than ten (10) years continuous service , the maximum accumulation
of annual leave shall be diln:y (30) days. 11 11
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B. After ten (10) years of continuous service with die City , employees sball ~
annual leave at the rate of 6. 15 hours of annual leave per pay period of active service . in order to
qualify for annual leave credit during the pay period, the employee must have worked for at least
one-half ('h) of the working days of that pay period excluding authorized paid leave . The
maximum accumulation sball be 40 days . ,, , J .1 1
C. Employees hired after January 1, 1984 , and thereafter, covered by this Contract
shall accumulate annual leave each pay period as follows : •r
Maximum . " ,<ir1rt { 1
&cmal Lil '1
fil ].fl} fl J
I. 0-4 Years 3.08 Hrs/Pay Period 160 Hrs .
2. 5-9 Years 4. 62 Hrs/Pay Period 240 Hrs. ,
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3. 10+ Years 6.15 Hrs/Pay Period 320 Hrs . rn ... 1
D. Accumulation of annual leave shall neither be authorized nor computed for any
purpose after die maximum accumulation has been reached .
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The schedule for use of annual leave shall be detennined by the aeeds of the Department .
AnDual leave shall be taken at the time conveniem 10 and approved by th e Department Head or
Supervisor . However, the City will ma!:e reasonable effons to accommodate the request of an
employee 10 use annual leave where a genuine emergency siruation exisrs .
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 and charged on a working hour basis, excluding holidays and
regular days off. Amlual leave shall be allowed only 10 the 10181 hourly amount accumulated at
the beginning of the leave , as verified by the department bc3d. Employees may receive their
annual leave pay no earlier dlan three (3) days prior to the s1a11 of their annual leave, provided the
employees make a wrinen request 10 their supervisor fifteen (15) calendar days prior 10 the Stan
of the ir annual leave .
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Wack Purin e AnnuaH,,eaye 11 ,, •
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If after the employee has begun his/her annual leave and !he ,City requires !he employee
to work di.ring the scheduled annual leave period, !he employee shall not be charged wilh vacation
time for tht \ number of hours worked .
Annual leave for em~loyees shall be charged on a work-day basis excluding re&Ular days
off.
&IPllill Lew Upon Sepawiwl
Any employee who is separated from the semce of the City, i.e., retirement , termination
or layoff, shall be compensated for !he unused ,il1111181 leave time accumulated at the time of
separation .
ARTICLE U . PERSONAL LEAVE
Effective January I, 1988 , all employees covered by this Contract shall be granted 48
hours of personal leave time with pay which an employee is entitled to use for the following
purposes :
A.
family .
B.
C.
Time lost as a resul• of illness/injury to the employee or the employees immediate
Attend personal business .
Leisure time .
For any employee wh<> has not used the 48 hours of personal leave time ending October
31 of each year or :my portion thereof, the City will compensate said employee for the unused time
at the employees regular wage rate 1 be paid during the momb of November of that year.
Personal leave time sball no t exceed 48 hours nor sbaJI it be accumulated or carried over from one
year to the next . Personal leave shall be scheduled 31:d administered Wider the direction of the
department head or supervisor. In the event of illDess/injury in which personal leave is requested .
shift work employees shall notify their supervisor at least one (I) hour prior to their scheduled
reporting time, all other employees shall repc>n at the beginning of their scheduled report time .
Personal leave shall be prorated tor employe:s beginning and terminating employment with the
City during the November I • Oc«..ber 3 I time period.
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ARTICLE 13. DISABILITY -TEMPORARY (NON-JOB RELATED)
I!cfillililm ./J I
Temporary disability is leave granted for DOIi-service connected iajury pr ill~ af an
employee which disability prevems the employee from perfonnini; his/her duties as a City
employee .
frm'..isilm
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For employees hired prior 10 January 1, 1984, the City agrees to provide temporary
disability leave with pay for employc.es absent as a resul t of illness/injury at the rate of 100% of
the employee's regular wage up 10 693 working hours of disability .
For employees hired prior 10 January l , 1984, temporary disability leave shall 001 be
accumulative except that on January I of each year the City shall mrore 100% of the o~ber,of
days used by an employee during tile preceding year up to a maximum of 347 working hours.
For employees hired after January I, 1984, aod thereafter, and covered by the renns of Ibis
Contract, the city agrees ID provide said employees temporary disability Ie,ive with pay for
employees absent as a result of illness/injury as follows:
0-4 years
5-9 years
10+ years
34 7 working hours
520 working hours
693 working hours
For employees hired after January l, 1984, aod thereafter, temporary disability leave shall
not be accumulative except that Oil January I of each year the City shall restore 100% of the
number of days used by an employee during the precedin g year as follows :
04 years
5-9 years
IO+years
l!!il.izll.lilm
up 10 a maximum of 173 working hours
up to a maximum of 260 working b.ours
up 10 a maximum of 347 worki..g hours
A. Authorization for temporary disability leave with pay shall only be granted after the
first eight hours of disability .
B. Authorization for temporary disability shall only be gi;:med for the following
reasons :
I. Personal illness or injury not service connected , including materni ty.
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Sick I eave Option . ' )I II\ '>11 .I.I IDnJJI
All sick leave accrued by pennanent employees prior to January I, 1980 shall vest with
the employee. and nay be used in the following 'manner: , 1 "
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A. After the 120 days as described above, have been used, unless the employet is
entitled for retirement as a result of disability.
B. By cashing in all accrued sick leave accumulated under the previous plan upon
normal retirement from the City at the rare of one hour's pay' for ,each two hours of accrued sick
leave or one hour's pay for each four hours upon separation from the'€ity.
C. By cashi11.g in accrued sick leave under the previous plan, once each year at the
conversion rate Qf fuilr (4) hours sick leave for one (I) hour pay, 001 to exceed a conversion of
more than 400 hours each year.
Repooin~ of Temporary PisabjJjty
The employee or a member of the employees household shall notify the employee's
supervisor prior 10 the employee's scheduled reporting time. No temporary disability l~ve will
be granted 10 an employee who fails 10 notify their supervisor prior 10 the beginni.lg of the
employee's work schedule.
Verifica1ion of Pisabmrv
If the Depamnent Director or immediate designee requires a physician's statement
v~rifying temporary disability. the City shall bear the cost for such physician's statement.
Abuse of Temporary Djsabjljty
Abus ! of temporary disability occurs when an employee misrepresents the acrual reason
for requesting temporary disability or when an employee uses temporary disability leave for
unauthorized purposes. An employee who makes a false claim for 1emporary disability leave shall
be subject 10 disciplinary action or dismissal.
ARTICLE 14. ON-THE-JOB INJURY -DISABILITY
A. For any on-the-job injury which causes an employee to be absent from work as a
result of such injury, the City shall pay 10 such employee bis full wages from the first day of bis
absence from work up to and including th~ 90th calendar day of such absence, less whatever sums
received by the employee as disability benefits under workmen's compensation. The City reserves
the right to require any employee on injury or disability leave 10 submit 10 an examination(s) by
City-appointed physician(s) at the City's expense or under the provision of workmen's
,:ompensation. The employee will not be charged sick leave for disability under this Article.
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B. All illjuries that occur during working hours shall be reponed to the employee's
supervisor within 24 hours of the injury or before the employee leaves their depanmem of
employment .
ARTICLE 15. MILITARY LEAVE
A. Any permanent or probationary employee who enlists or is inducted into the
military , naval , air or the armed services of the United States in time of war shall be entitled to
a leave of absence without pay for the duration of such war or until honorably discharged,
whichever occurs first, and for one (I) year thereafter .
B. Any employee who shall be a member of the National Guard or any other
component of the military forces of the State , now or hereafter organized or constituted under the
State or federal law, or who shall be a member of the reserved forces of the United States , now
or hereafter organized or constituted under fed~ral law, shall be entitled to leave of absence from
his employment without loss of pay , senioriiy, s~rus, efficiency rating, vacation, sick leave or
other benefits or all the items when he is engaged with o.!~h organization or component in training
or active service ordered or authorized by proper aulhoriiy pursuant 10 law, whether for State or
federal purposes, but not exceeding fifteen (15) days in any calendar year . Such leave shall be
allowed in case the required military service is satisfactorily performed, which shall be presumed
unless the contrary is establis hed .
C. Such leave shall not be allowed unless the employee rerurns to his public position
immediatel y upon being relieved fro m such military service and not later than the expiration of
the time herein limited for such leave , unless he is prevented from so returning by physical or
mental disabiliiy or other cause not due 10 his own fault or is required by proper authorities 10
continue in such military service beyond the time herein limiced for such leave .
D. Subjec, to provision A, B and C above. the Ciiy shall provide full pay 10 an
employee granted military leave , less whatever compensation the employee may have received by
the military for such service .
ARTICLE 16. FUNERAL LEA VE
The Department Head shall grant leave with pay 10 an employee to attend the funeral of
a member of the employee 's family . The number of days granted shall be governed by the
circumstances of the case, but in no event shall they exceed fi ve (5) working days. For the
purposes of this section "employee 's family " shall mean the employee's spouse, or the children ,
grandchildren , parents , grandparents , brothers and sisters of the employee or the employee 's
spouse . or the employee's stepparents , stepchildren . srepbrmhers and stepsisters . Annual leave
may be granted by the Depanment Head if additional time off is deemed appropriate .
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ARTICLE 17. JURY DUTY AND WITNESS SERVICE r.l
Leave may be granted 10 an employee for serving on jury duty or as a wimess in his ofllcial
capacity in obedience to a subpoena or direction by legal authority . He shall be enlitlM' to the
difference between his regular compensation and the fees received for jury duty or as a witness .
When he is subpoenaed as a witness in private litigation to testify, not in his officiaj f 3Pfity bpt
as an individual. the lime absent by reasons thereof shall be taken as annual leilve or leave without
pay .
II.
ARTICLE 18. HOLIDAYS JJ
A. Toe following days shall be considered official holidays by the Cit):
I. Ntw Year's Day: January I.
2. Washington's Binhday : the third Monday in February
3. Memorial Day : the last Monday in May .
4. Independence Day : July 4
5. Labor Day: the first Monday in September.
6. Veteran's Day : November I I.
7. Thanksgiving Day: the fourth Thursday in November .
8. Fourth Friday of November following Thanksgiving Da~.
9. Cbrfaonas Eve: December 24.
10 . Cbrisonas Day : December 25 .
I I. New Year 's Eve : December 3 I.
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 unless otherwise authorized by the Deparonent'head .
C. Eligible employees other than shift work employees at the Wastewater Treatment
Plant shall receive one day 's pay or equivalent time off at the discretion of the depamnem bead
for each of the holidays on which they perform no work. Employees required 10 work on an
official City holiday shall receive one and one-half (I 1h) times the employee's regular rate of pay
for all hours actually worked in addition to the employee 's regular pay for the holiday or lime off
at the rate of one and one-half (I 'h) times the number of hours acrually worked at the discretion
of the deparuneru head.
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 Sarurday, each
employee shall be entitled to a day off for such holiday, which day off shall be scheduled as the
City :.ianager determines, but no specific day shall be observed as a holiday for purpose of closing
City offices and functions .
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ARTICLE 19. UNIFORM CLEANING ALLOWANCE' I ·1 .HJ
If an employee is required to wear a uniform, Ille employee shall wear the uniform only
as alllborized by the department work .-ules. The City will coodnue to provide uniforms, cleaning
and replacements . The City will provide SO% of the cost of required work shoes up to a
maximum of $70 per year exce;n with de:ianment head approval. All employees st:all maintain
a presentable appearance while on duty. The employee is responsible for any damage 10 the
unifonn by negligence or deliberate act.
ARTICLE 20. TUITION REFUND
Upon recommendation of the department head .:od after prior approval of the City
Manager. the City of Englewood may reimburse employc;.-s covered by this Contract upon
successful completion of an approved course or courses in education or vocational training at Ille
public instirution rate. The course or training must be related to the work and be designed to
improve competence in the job, and be of value to the employee's service 10 the City. This sball
include all ruition, and required texts .
ARTICLE 21. LIFE INSURANCE
A $30,000 Tenn Life Insurance will be provided by the City for employees in the month
immediately following commencement of their employment with the City. A conversion privilege
upon retirement of 50% coverage payable by the employee will be made available by the City for
said retired employee.
ARTICLE 22. DENTAL INSURANCE
For the tenn of this Conuact, the City shall pay 85% and the employee shall pay IS% of
the premium cost for the City Dental Insurance Plan or other plan which may be selected by the
City as a substirute for the City Dental Plan for each single and dependent policy holder .
The above benefit shall be allowed only to employees in the month immediately following
commencement of their employment with the City .
Any dispute concerning the interpretation or application of benefits Wider the Dental Plan
shall be subject to the dispute resolution procedure only . (It is expressly understood that this
provision is a non-grievable item under this Contract .)
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ARTICLE ZJ. HEALTH INSURANCE• EMPLOYEE/RETIREES li
A. (I) For the tenn of this C0Dt11C1, the City will pay eiaJUY-five perce111 (85%)
per month of the premium cost for dependem and single coverage for the City's self llindcd health
insurance plan.
(2) For the term oflhis c'ontra' . employees will pay fifteen percem (15 % ) of
the monthly premium cost for dependent and single coverage for the City's self funded health
insurance plan.
B. Any dispute concerning the imerpreration or application of benefits provided under
the Health Insurance Plan shall be subject 10 the dispute resolution procedure only. (11 is expressly
understood that this provision is a 1100-grievable item under this Conll'aCt.)
C. Retirees prior IO January I, 1980, will be provided health insu rance coverage by
the City on a non-participating c.isis. The coverage will coordinate with Medicaid ~ Medicare
wherever applicable. Retirees aftlll' January 1, 1980 will be guaranteed conversion p,rivileges IO
the Health Insurance Plan available through the City . For those who !¢red prior 10 December
31, 1996, the City will pay 50% of the cost of co·verage of the conversion plan up 10 a maximum
of $50 per month . For retirees after January I, 1997, the City will pay 50% of the cost of
coverage of the conversion plan, up to a maximum of $75 per moruh. 11 is the intent of lbe City
to phase out this provision .
ARTICLE 24. RETIREMENT BENEFITS
The retirement benefits for employees covered by this Contract are set forth in Title ill,
Chapter 6, Retirement. of the Englewood Municipal Code. The following changes shall be made
January I, 1980.
A. For prior service : 75 % of the members final average molllhly compensation,
multiplied by the number of years of credited prior service.
B. For current service : 1.5% of final monthly compensation , multiplied times the
number of years of credited current service .
ARTICLE 25. LAYOFF
A. Whenever there is lack of work, lack of funds, or under conditions where it is
detennined that continued work would be inefficient or nonproductive, requiring reductions in the
number of employees, the appointing authority shall designate the department and positions in
which the layoff is 10 be made. Upon such determinations. the required number of employees in
the affected department and position shall be placed on a recall list or transferred by the appointing
authority. each in order of his relative length and quality of service as shown by the personnel
records . All other factors being equal, seniority shall prevail.
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B. All other factors being equal. employees on layoff shall be m:alled ia l'1o, qmer of
relative length of service as shown by the personnel records, ..,rovided that those recalled have
the demonstrated ability aoo same qualificatioos 10 perform the available wort as determined by
the City . No new employees shall be hired unlil all employees on layoff stalllS desiring to return
10 work have been recalled. The recall list shall terminate after one (1) year .
ARTICLE 26. LEAVE OF ABSENf".E (WITHOUT PAY)
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Permanent employees may be granted a leave of absence without pay for reasons of
education which are allied 10 the duties of the City, settlement of an estate, child care, serious
illness of a member of the employee's family, or to attend Englewood Employees, Association
activities. but shall not be used for the purpose of obtaining employmfnt elsewhere. Leave
without pay shall not exceed six (6) months of any year but may be extended upon request for an
additional six (6) months . The IOlal leave rime shall DOI exceed one year. Upon rewm from
approved leave, the employee will be restored 10 their fonner position if available, or 10 a
comparable position for which the employee is qualified. During periods of wipaid leave, lbe
employees shall DOI continue tJ accrue service credit or be eligible for any City bt11efiis.
However, an employee who has been granted a leave of absence, may participate in life, d.ental
and health insurance programs under Articles 21, 22, and 23 at his/her own expense for the period
of !he approved leave monthly premiums must be paid in advance in order to maintain SIIC'1
coverage .
AppHcatiou for Leave
A request for a leave of absence without pay shall be submitted in writing by the employee
to the employee 's department head . The request shall indicate the reason the leave of absence is
being requested and !he approx imate length of leave time requested .
Consideration of Leave Request
The department bead shall grant or deny leave requests, laking into consideration the
deparnnent's work force, work load and the employee 's request.
Failure ro Rerurn
If an employee fails to rerum by the date of leave expiration, the r.mployee shall be
considered to have voluntarily resigned from !he service of the City .
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ARTICLE 27. GRIEVANCE PROCEDURE "I a
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A grievance is defined as a claim or dispute by an employee covered by the 1m111 of this
Comract concerning an alleged violation of a specific provision of this Comract . The employ,ee
shall be required to follow the procedure as set out below:
A general grievance is defined as a gri evance that ,,oncerns a group of employees or the
bargaining unit in general. A general grievance can only be filed by the Association wi~in the
time frame specified in Step 1, and the initial review will occur by the department head at -~q, 2
below .
A. "Work Day ' means calendar days exclusive of Saturdays, Sundays, and City
recognized holidays .
Step 1.
If the employee is unable to settle the grievance or dispute orally and informally through
bis/her immediate supervisor within five (5) working days of the date of the occurrence of •!be
grievance, or the employee 's knowledge of it, the employee may , within the succeeding five (5)
work days, file a written grievance widl bis/her superviY>r . The supervisor s!Jall attempt to adjust
die m;iner and shall respond in writing to the employee within five (5) work days .
Step 2.
If the answer is not satisfactory , the matter shall be presented in writing by the employee
to the department head within five (5) work days following receipt of the supervisor's response.
The department head shall respond in writing to the employee within five (5) work days.
Step 3.
If the grievance still remains unadjusted , it shall be presented by the employee to the City
Manager in writing within five (5) wmk days following receipt of the response of the dtparonent
head . The City Manager or his/her designated hearing officer shall have a meeting with the
grievant to review the grievance and all relevant information . Within ten (10) work days of that
meeting, the City Manager or bis/her designated bearing officer will issue a written decision .
Step 4.
1. If the grievance is still unresolved . the Association within fourteen (14) calendar
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days after the reply of the City Manager or his /her designated hearing officer , may by written
notice !':quest the maner be submitted to arbitration . The panics will attempt to choose a mutually
agreeable arbitrator . If within five days of the request for arbitration the Association and the City
cannot mutuall y agree on an impanial arbitrator . a request will be filed with the American
Arbitration Association for a panel of seven arbitrators to be sent to the parties. The arbitrator
shall be selected by a method of alternative striking of names from the panel , with the first strike
decennined by a coin flip . The final name left on the panel shall be the arbitrator. The arbitrator •
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shall be teq11ested to issue a decision within thirty (30) days after conclusion .of testim011y and
argument.
2. Each party shall be responsible for compensation 10 its own represemanves and
witnesses. The fees of the arbitrator shall be borne equally by the Association lind the City .
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3. If either party desires a verbatim record of the proceedings, it may cause such a C?Cord
10 be made, provided it pays for the record and makes a copy available to the arbitrator . lf the
other party wishes to have a copy of the transcllipt it shall share all costs for the transcript.,
4. Authority or Arbitrator.
The arbitrator shall have no power 10 add to or subtract from or change the terms of this
Contract. The written decision of the arbitrator shall be final and binding upon the parties. The
arbitrator shall limit his decision strictly 10 the grievance submitted which has been properly
processed through the grievance procedure outlined . .,
S. Failure by an employee or the Association to comply with any time limitation shall
constirute a senlement ?f the grievance . Should the employer not respond widlin the prescribed
time, the grievance will aut0matically proceed ro the next step. At the employee's opnoo, the
employer may be allowed additi-Jnal time to respond .
Grieyance Option
It is agreed that should the appeal procedure as provided under 138:3 of the City Charter
or applicable City ordinance is utilized, recourse to the grievance procedure included in this
Article shall be waived .
Processing Grievance During WorkiP11 Hours
Grievances may be investigated and processed by the employee or designated employee
representative during working hours , within reasonable time limits. without loss of pay . provided
notice is given and the work load permits.
ARTICLE 28. LETTER OF CORRECTIVE ACTION
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A. When the supervisor determines that a wrirten corrective action is appropriate and
necessary . the corrective action shall be addressed to the employee and shall include the violation :
the specific behavior and the dates of the behavior (when appropriate ) that suppon the charge : the
warning that continuance of this behavior will result in disciplinary action : and an offer of
assistance in correcting the behavior .
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B, A signed copy of the corrective action by the supervisor shall be included in !he •
employee's official personnel file in the Empl oyee Relations office , and the employee shall have
the opponunity to submit wrinen comments in response to the corrective action to be included in
the file, After a period of one (I) year from the date of the filing of the wriaen corrective action,
the supervisor shall review said lener and provide a follow-up letter indicating the status of :he
wrinen corrective action.
C. If the corrective actions was for unacceptable behavior such as absenteeism.
tardiness, or rules violations and no similar violations were commiaed by the employee during the
following one (I) year period, the corrective action shall be replaced with a written statement by
the employee's supervisor that no similar violation has occurred during the one (I) year period and
that the corrective action has been removed from the employee's personnel file .
D. The em.•loyee retains the right through the Association to an administrative review
of the wrinen corrective action . A request for such review mu.•t be filed with the Director or
Administrative Services within ten (10) working days of receipt of the letter of cor.ective action
by the employee . An Administrative Review Board con.<isting c,f two (2) repre~ei.iatives of the
City appointed by the Director of Administrative St-rvices and rNo 0 ) ,cpresentatives of the
Association appointed by the Associatior. Pcesideru st.all make up the Administrative Review
!loan!. The Diroi:tor and the Association President will consider members of the Team for Quality
Work En-,iroHment for appoinanent to the Boan!. This Board shall be advisory to the Deparanent
Directc .• and its wrinen findings shall be forwarded to the employee, the Association, the
Oeparanent Director , and placed in the employee 's personnel file . Upon receipt of the Board's •
findings, the Deparanent Director shall, within ten (10) working days respond in writing to those
findings . (If the Department Director is unable to respond in 10 days, a time agreeable to the
employee , the Association and the Director must be found.) Copies of rhis response shall be
forwarded to the employee , the Association, the Bo&.rd. and a copy shall be placed in the
emplo yee 's personnel file . This Anicle shall not be grievable under this Contract.
ARTICLE 29 . DUES DEDUCTION
A. The City agrees to deduct the Englewood Emplo yees Association dues each pay
period from the pay of those employees who individually request in writing that such deductions
be made, subject to the garnishment laws of the Stare of Colorado . The amounts to be deducted
shall be cenified to the City Finance Director by the Tre~.surer of the Assuiation , and the
aggregate deductions of all emplo yees shall be remined togeth er with an itemized statement 10 the
Treasurer by the 15th of the succeeding month after such deductions are made. The authorization
shall be revocable during the term of the contrac1 , upon a lhirry-da y (30) wri1ten no1ice by the
employee to the City Finance Director .
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 10 him/her
on the next succeeding fu:al monthly City pay period. It is expressly understood that the City
assumes no liability and shall not be liable for the collection or payment 10 the Englewood
Employees Ass ociation of any dues during any time that an employee is not acruall y working for
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the City and actually on the payroll of the City . !n !be event qf error on the check-qff lillj rpq CiJY
will not be responsible to make adjustments , until notified by the Treasurer of the Englewood
Employees Association . 1 1
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C. The Englewood Employees ~~011 shall indemnify and hpld the \:ity1 bamJ/.ess
against any and all claims, suits, ordeJ:s, or judgmems brought1or issuC9 against the City as a result
of any action taken or not taken by die City Wider the provision of this Article .
D. Changes in the dues an1ount to be deducted shall be limited to cwo (2) changes each
year, providing a thirty (30) day wri1ten notice is provided to the City Finance Director .11
E. Should the r.bange in the deduction amount or method requin; a computer
programming change, the Englewood Employees Ass ociation shall be responsible for the cost of
such change or changes, at $30 per hour with a four (4) hour maximum. Paymellt fr.9µ1 tbe
Englewood Employees Association shall be made to the City Finance Director within ten (10) days
of receipt of billing .
ARTICLE 30 . ASSOCIATION ACflVITIES q J/ 'I
The City agrees that during working hours on the City premises and without loss of pay ,
Englewood Employees Association members may be allowed to: attend Englewood Employees
Association and/or management meetings; post Englewood Employees Association notices on city
designated bulletin boards ; solicit Englewood Employees Association membel'Ships during
employee's non-work time ; and represent ( iloyees on grievances and negotiations .
One (I) employee representative from the Utilities Department and one (I) employee
representative from the Wastewater Treatment Plant will be allowed one (I) hour time off from
work with pay each month to attend monthly association meetings.
ARTICLE 31. STANDBY PAY
All employees covered by this Conuact and assigned standby duty shall be compensarP.d
at a rate equal to eight (8) hours at his/her regular rate of pay for one week of stan :by duty .
ARTICLE 32 . CALL BACK
Any time an employee on off-duty status is called back to work he/she shall be credited
with a minimum of two (2) hours pay a.t the rate of one and one-half (I 1/2) times his/her regular
hourly rate .
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ARTICLE 33 . LABOR MANAGEMENT COMMlTI'EE
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A Labor M:inagemcnt Committee consisting of four (4) members appoinled by Ille 'Union
and four (4) members ~inlcd by the City shall meet oo a quan erly basis . The committee will
only deal with group issues that are nbi dealt 'with through other ex ;ting commiaees ur grievance
procedures . The Union will'SClld its agenda items 10 die Adminisn-ative Strvices i!)irector at least
one (I) week prior to the date of the quarterly meeliog.
ARTICLE 34 . EXCLUSIVENESS OP CONTRACT
The City and the Association agree that die terms and provisions herein contained
constirute the entire CoDtnet belween the parties . The City and the Association agree that all
negotiable items have been discussed during the negotiations leading to this Contract and,
therefore, agree that negotiations will not be reopened on any item during the life of rhiil Conn-act,
except by murual agreement of the panics .
IN WITNESS THEREOF, the panics have caused this Contract to be signed by their
respective representatives, and their signatures placed dlercon, on this ___ .I day of __
______ , 2000, at Englewood , Colorado.
ENGLEWOOD EMPLOYEES
ASSOCIATION, AFSCME LOCAL #303 CITY OF ENGLEWOOD
Mayor
ATTEST :
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Ciry Clerk
Ciry Manager
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,,, n 11 ,, COUNCIL COMMUNICMION
Date Agenda Item Sul!Ject ,.
June 26. 2000 Wag~ Reope,J!E!r of the
, :,ing 10 cl Agreement B the City
and the EEA for 2001 .. ')
Initiated By Staff Soun:a
Human Resoun:as Department I Sue Eaton, Dt~or of Human Resourcu
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The Collective Bargaining Agreement with the Englewood Employees l'.ssodation was approved
by Council for 1999. 2000 and 2001 . The agreement indudes a provision (ArUde 9, section E) for
the negotiation of 2001 salaries , in 2000 .
RECOMMENDED ACTION
Staff requests Council approval, by resolution, of the salary, life Insurance, and dental insurance
provisions of the Collective Bargaining Agreement between the Englewood Employees
Association and the City of Englewood for 2001 . The contract covers approximately 204
employees .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood and the Englewood Employees Association entered Into negotiations in
May of 2000 in accordance with the City of Englewood Charter. The members of the Englewood
Employees Association duly ratified , by a majority vote , the Collective Bargain ing Agreement.
Significant changes to the contract include the following :
1. Under Article 9, page 5, employees covered by the Contract will receive a three and thren
tenths percent (3 .3%) Increase on the 2000 base wage rate effective January 1, 2001 .
2. Under Article 21 , page 13, the fir st sentence was modified to read as follows :
"A 30 ,000 Term Life Insurance will be provided by the City for employees In the month
Immediately following commencement of their employment with the City"
The previous contract Indicated the insurance would be effective one year after hire .
3. Under Article 22, page 13, the second sentence was modified to read "The above benefit Ihall
be allowed only to employees In ti,. ,IIIQlllll l"""'""ltllly ~ng commencement of their
employment with the City."
The previous contract Indicated the insurance would be effective one year alter hire.
FINANCIAL 1i,ACT n ., a
The lmpild of the Increase on wages for 2001 Is approximately $236,000 . The lmpad of the
earlier ellglblllty for life and dental Insurances Is approximately $19,000. for 2001.
ATTACHMENTS
Modified pagea of the EEA Collective Bargaining Agreement
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