HomeMy WebLinkAbout1998 Resolution No. 083•
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RESOLUTION No . Ii
SERIES OF 1998
A RESOLUTION AUTHOSIZJ.NG THE COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE ENGLEWOOD EMPLOYEE!! ASSOCIATION AND THE CITY Of'
E NGLEWOOD FOR THE !PERIOD OF JANUARY 1, 1999 THROUGH DECEMBER 31,
2001.
WHEREA5, the previo<H Collective BBigainin0 i\.grecment with the Englewood Emploveo•
Association,. .. effectin Eirom January I , 1997 through December 31, 1998; and
WHEREAS, the Cit_v ofl!!lnglewood and the E nglewood Emp loye es Association entered
into negotiations on ~fay tS, 1998 in aa:ordance with the Englewood City Home Rule
Charter; and
WHEREAS , the membe:s of the Englewood Employees Association duly ratified , by a
ma;o,ity of the members, die Collective Bargaining Agreement; a nd
WHEREAS, approval 0!!" the Englewood City Council of the Collective Bargaining
Agreement between the Erc,glewood Employees Aaaociation and the Ci ty of Englewood for the
the period Jf January 1, 1!199 rhrough December 31 , 2001 , is here by given;
NOW , THEREFOkE, Bl'.! IIT RESOLVED BY THE CITY COUNC IL OF THE CITY OF
ENGLEWOOD, COLORPIDO, AS FOLLOWS:
Sl:J:tian...1 . The City Cc=cil of the City of Englewood , Colorado he reby approves t he
Collective Bargaining Agrtiement between the Englewood Employees Ass oc iation and t he
City of Englewood for the ;,eriod of January 1, 1999 through December 31, 2001.
~-Th• Mayor 11md the City Clerk are hereby authorized to sig n and attest the
Coll ective Barga:. .ring Agn,ement between the E nglew ood Employees Associati on and the
City of Englewood , Coloracio, for the period of January I. 1999 through December 31 , 2001.
ADOPTED AXD APPROVE D this 20"' day cif July. 1998 .
.. o ucrishia A. Ellis, City Clerk
I. Loucristua A. Ellis . C,ry Cle rk fo r.,;li e City of En gle wood,
above 1s a tr ue copy of R..!-...soluuo n :,.Jo /li Se ries of 1998,
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COLLECTIVE BARGAINING AGREEMENT
BE1WEENTIIE
Cl'IY OF ENGLEWOOD
AND TilE
ENGLEWG D EMPLOYEES ASSOCIATIO
JANUARY 1, 1999 -DECEMBER 31, 2001
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ARTICJ.E 1 INlRODUCJlON
ARTIClE 2 DURATION OF CONTRACT 2
ARTIClE 3 RECOGNffiON 3
ARTICU: 4 EMPLOYEE RlGI-ITS 3
ARTICU: 5 HOURS OF WORK 3
ARTICLE 6 OVERTIME WORK 4
ARTICLE 7 ACTING PAY
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ARTICLE 8 MERIT INCREASES s • ARTICLE 9 COMPENSATION s
ARTICLE 10 LO NGEVITY COMPENSATION 6
ARTICU: II AN UALLEAVE 6
ARTICLE 12 PERSONAL LEA VE 8
ARTICLE 13 DISABILlTY -TEMPORARY (NON-JOB RELATED ) 9
ARTICLE 14 ON-THE-JOB INJURY -DISABILITY 10
ARTICLE 15 MILITARY LEAVE 11
ARTICLE 16 FUNERAL LEA VE 11
ARTICLE 17 JURY DUTY AND WITNESS SE RVI CE 12
ARTICLE 18 HOLIDAYS 12
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AR'nCLE 19 UNIFORM CLEANING AILOWANCE 13
ARTICLE 20 11J111ON REFUND 13
ARTICLE 21 lJFE CNSURANCE 13
ARTICLE 22 DENTAL INSURANCE ' 13
ARTICLE 23 HEALTH CNSURANCE • EMPLOYEEfRETIREES 14
ARTICLE 24 RETIREMENT BENEffiS 14
ARTICLE 25 1.AYOFF 14
ARTICLE 26 LEA VE OF ABSENCE (WITHOUT PAY} 15
ARTICLE 27 GRIEVANCE PROCEDURE 16
ARTICLE 28 LETfER OF CORRECTIVE ACTION 17
ARTICLE 29 DUES DEDUCTION 18
ARTICLE 30 ASSOCIATION ACTIVITIES 19
ARTICLE 31 STANDBY PAY 20
ARTICLE 32 CALLBACK 20
ARTICLE 33 LABOR MANAGEMENT COMMITTEE 20
ARTICLE 34 EXCLUSIVENESS OF CONTRACT 20
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CONTRACT ~
BE1WEEN THE CITY OF ENGLEWOOD
AND1HE
ENGLEWOOD EMPLOYEES ASSOCIATION
ARTICLE 1. INTRODUCTION
This contract entered into by the City of EnglLwood, Colorado, and the Englewood
Employees Association has as its purpose the promotion of harmortious relatioas 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 conditioas of
employment an set out in the City Charter.
Except where limited by express provisioas elsewhere in this Contract, nothing in this
Contract shall be coastrued to restrict, limit or impair the rights, powers and authority of
the City as granted 10 it under the laws 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
follo wing :
A Determine the overall mission of the City as a unit of government .
B. To maintain and improve the effi ci ency aud effectiveness of City operatioas.
C. To determine the services to be rendered, the operatioas to be performed, the
technology to be utilized, or the matters to be budgeted.
D. To determine the overall methods, processes, meaas, job classificati oas or
pc::sonnel by which city operatioas are to be conducted.
E . To direct, supervise, hire, promote, traasfer, assign, schedule, retain or lay-off
employees.
F. T o suspend, discipline, di sc harge , or dem o te for just cause, all full-ti me
permanent classified e mployees.
G . To relieve employees from duties because of lack of work o r fund s, or under
conditioas where the City determines continued work would be inefficient or non pr oductive .
H. To take whatever other actions may be necemry to carry out the wishes of
the public not otherwise specified herein or limited by a collective bargainina Contract.
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emergency.
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To take any and all actions to any out the miuioa of the City in cases of
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J. No thing contained herein shall preclude the City from conferrin g with its
empl oyees for purposes of developing policies to effectuate or implement any of the above
enum erated rights .
The City retains the right to change a!'.ly past practice which is aot in viol ation with
this Contract . In the event a past practice is sought to be changed by the City Manager or
Depanment Heads , the Englewood Empt~ Associa tion will be provided re as ona bl e
written notice of the intended change. The Eoglewood Employees Association re tains the
right to grie ve any change in practice which · in violation of this Contract
ARTICLE 2. DURATION OF CONTRACT
A. This contract wi ll take effect oa January 1, 1999, and shall continue in force
to and including December 31 , 2001 , provided tha t ei ther party may reopen negotiations for
Article 9 by giving written notice of intent nego ti ate Articl e 9.E prior to May 15 , 2000;
1111d negotiations on salary, dental insuranc:c ud health insurance, • employee /re tiree for
2001 will be held in 2000 in accordance wita the Chaner. The City will notify th e Unlon
three (3) months prior to commencement of negotiations if there is a need to negotiate on
dental or heal th insu ranc e.
B. This contract or any pan of it, may be terminated or renegotiated at an y time
by mutu al conse nt oi both parti es.
C. lf any arti cle or se ctio n of this co ntract sh ould be held inva lid by op eration
of law or any Cou rt of competent jurisdictioo. or if compliance with or e nforc emeat of any
article or sectio n shou ld be restrained by rucb Court, the remainder of this contra ct shall
not be affe cted th ereby an d this Co ntract ~all re main in full for ce an d effect and the
parties shall prompt ly me et and nego tiate fo r th e purp ose of att emp ting to arrive at a
mutuall y sa tisfa ctory rep lace men t for su ch articl e or sec ti on .
D. The partie s agree and un derstand tha t provi sions rela ti ng to emp loyees
cover ed by this co ntr act shall in no way displace or modify present or futu re sta tu to ry cas e
law of the St are of Co lorad o.
E. The parties acknowledge that duri ng neg otia tio ns whic h res ulte d in thi s
con tract, each had the unlimited right and o;,porrunity to make demands an d pro posals wi th
respec t 10 any subject or matter appropriate for Contract negotiat io ns and that th e
understa nding s and agreements arrived at by th e panies afte r this exe rcise of that righ t an d
opportu nity are se t forth in the contract. •
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ARTlru.E 3. RECOGNirnl0N I
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The City recognizes the Englewood Employees Assoclalion/AFSCME Local #JCB
as the sole organization certified punuant to the provisions of the Chartf'r of the <rity al
Englewood as the exclusive representative for the public employees within the followinc
bargaining unit:
Included: All full-time, classified non-emergency employees of the City.
Excluded: All supervisory, managerial, confidential, part-time, temporary, Sl:aSOWU,
and contractual employees, students, and all employees hired tbrough the use of Federal,.
state or other outside funding sources for special projeets or programs, and all others who
may be detennined prior to or during the life of this Contract as provicred under the City
Charter.
NOTE: For legal authority see City Chaner 137: I, 137:2 b, c, m, 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 who is not a confidential employee, a manageria]
employee, or a supervisor shall have the right:
A To form, join, support or panicipate in, or to refrain from forming, joining,,
supporting, or participating in the employee organization or its lawful activities; and
B. Bargain collectively through their certifi ed employee representative .
C. No employee shall be interfered with, restrained , coerced or discriminate d
against because of the exercise of these rights nor shall the right of an individual employee
to discuss employment con cerns with the City be infringed upon .
NOTE : For legal authority sec Employee Rights of Association 137 :2(k) of the
City Chaner.
ARTICLE 5. HOURS OF WORK
All departments, functions or activities shall observe office an d working hours
necessary for the efficient trans action of their respective services . Such have be en
determined fo r non-emerge ncy employees as follow s:
A All employees covered by this Contract shall work at least fo rty (40) hours pe r
week, or in the case of shift work, an average of forty (40) hours per week. The work week
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shall consist of five (S) e1gb1-bour shifts, or other work schedules II determined by the •
department bead with approval of the Oty Manager. All employees shall be scheduled to
work a regular work schedule and each wcrk schedule shall have a regulat starting and
quitting lime. Should lbc wort ldledute be cltaapd. affected emplgyees wlll>be notified 24
houis in advance except in die -.,; of an e&11erpoi:y u determined by the Departme,'t
Dir~ctor,
B. Employees shall be entitled to two (2) rest periods not to exceed fifteen (15)
minutes or one ( 1) thirty (30) minute rest period for each work schedule. Rest periods shall
be under the control flf the su pervi;or or department head.
C When possible. employees who work beyond their regular quitting time into
an overtime situation shall be eligible for a fifteen (15) minute rest veriod before they begin
the overtime work. When po551ble, additional rest peri ,ds shall bt granted under the
control of the suprrvisor or department bead similat to rest periods granted under
subparagraph B abov:.
D. When neceSSaJJ, employees shall be granted a fifteen ( 15) minute personal
clean-up period prior to th e end of each work schedule . The clean-up period shall be under
the control of the supervis or or department bead .
E. All employees shall be granted a lunch period during each work schedule.
Whenever powble, the lunch period shall be scheduled at the middle of each work •
schedule .
ARTICLE 6. OVERTIME WORK
A. For all employees covered by this Contract, except as specified below , duties
performed over and abo,·e the assigned work schedule shall be considered overtime .
Ovenime shall not be com puted nor compensation allotted on previously accrued overtime.
B. All pe rsonnel 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 off
during normal work hours, computed at the rate of one and o·ne -balf (1-1/2) time s.
The City retains the right to assign overtime work to any employee qualified to
perform the work.
ARTICLE 7. ACTING PAY
All pe rsons appointed to an acting position at the sole discretion of the Direct or will
be compensated at the minimum of the acting position, or 5%, whichever is greater, for the
position for whic h be /she is acting as approved by the Director of said Depanmen1. The
employee must be in an acting capacity for fony-eight ( 48) consecutive working hours
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(excluding overtime) before said employee becomes eligJ'ble for aaiog pay. Such pay will
be retroactive to the fint day employee assumes the responsibility uf the position.
ARTICLE 8. MERIT INCREASES I ,<
All merit increases provided for the employee will be oomidered upon the
anniversary date and shall not be considered automatic, but rather, t-.d upon performance.
Said merit increase may be granted or denied to any individual employee upon
reco=endation of the depanment head and with the approval of the City Manager upon
notice to such individual empl oyee. The date in which the merit increase is approved shall
determine the new merit anniversary date.
ARTICLE 9. COMPENSATION
A. Each employee in the classified service shall be paid at one of the rates set
forth in the pay plan for the class in which they are employed .
B. At least u.~ minimum rate of pay for a class shall be paid to an employee who
is starting his employmem with the City.
C. When a regular full-time po,· ion not under the classified service is brought
into the classified service, the rate of pay ~i the incumbem may be ~t 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 . Toe previous anniversary date
shall be adjusted one month for each twenty-two (22) working days of leave
without pay in any twelve ( 12) month period.
(2) The employee terminate s his employment and later is reemployed. Toe
new anniversary date shall be determined by his new e mpl oyment date.
(3) Wh en it is determin ed that the employee merits an i!;crease , the date
of the inc rease will determine the new anniv ersary date.
E. Employees of the City of Eng lewood repre sented hy the Englewood
Employees Association and cover ed by this Contract shall receive a thl!ee percent (3.0%)
increas e on the 1998 base wage rate effective January 1, 1999 : and an additional th•ee
percent (3.0%) increase on the 1999 base wage rate effective January L 2000. Salary tor
200 1 will be negot iated in 2000 .
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Aln1CLE 10. LONGEVITY COMPENSAJJO~ ,1
In lddidon 'io an empl~yee's monthly salary, the employee shall he eligible for
lol!F"ity compensation based upon the number of years of continuous service with the City
and shall be derived from the following schedule : .". 1 1
Years of
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0-4
5-9
10-4
15-19
·20 or more
Amount of Compensation
None
S12 per month for S144 per year, except for those employees who have
not co mplete ~ 6 full years of co nti nuous service on December 1 of any
year, which employees shall receive an amount equal to S 12 for each
full month of completed continuous service after completion of 5 years
of continuous service up to December l.
$24 per month for $288 pe , year, except for those employees who have
not completed 11 full years L'f cont inuou s service on December I of
any year, which employees sh al l recei ve Sl 4'! plus an amount equal :o
$12 for each full month of complete:! continuous servic e aft er
completion of 10 years of continuou s servi ce up to Decemb er I.
S36 per month for S432 per year, except fo r those employee s who have
not completed 16 full years of con tinuous service on December 1 of
any ye ar, which employee shall rece ive S288 plus an amount equal to
$12 for each full month of completed con tinuous se rvi ce after
complet ion of 15 years of service up to December 1.
$48 per month for $57 6 per year, except for tho se employees who have
not -~ompleted 21 full years of con tin uo us service on De cember 1 of
any ye ar, which employee shall receive $432 plus an amount eq ual to
$1 2 for each full month of complete d conti nuous se rvice afte r
comple ti on of 20 years of continuou s service up to December I.
Effec ti ve January 1, 1984, and ther eaft er , all ne w hire s shall not be
eli;gib le fo r lon gevity compe ns ation as provid ed fo r under this Art icle .
ARTICLE 11. ANNUAL LloA VE
A Employe es hire d prior to Jan uary 1, 1984, and cove red by thi s Co ntr act shall
a=imulate annu al leave each pay perio d at the rat e of 4.62 hou rs per pay perio d of active
servi ce. Annual leave shall not be grant ed 10 any empl oyee until afte r com pletio n of twelve
( U) m::,r,tbs consecut iv e servicE wi th th e City unless otherwi se aut horized by the de pan ment
bead. I i order to qualify for ann ual leave cre dit du ring the pay period , the empl oy ee mus t
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have worked for at least one-half (1/2) of the ..ting days of that pay period exclu •Jing
authorized paid leave. For th01e empl<>ya."!I bawq less than ten (10) years continul,us
service, the maximum accumula.lion oi 1111111W ~ tm8 be thirty (30) days. 1
B. After ten (10) yean of conmauoas saTice with the Cliy, employees shall
accumulate annual leave at the rate of 6.15 boun oi amwal leave per pay period of active
service . in order to qualify for annual leave credit liuing the pay period, the em):iloye:e must
have workeC: for at least one-half (1/2) of the wortiDg days of that pay perioc! excluding
,1uthorized paid leave . The maximum accumulaDmt shall be 40 days.
C. Employees hired after Janllal}' l, 1984, and thereafter, co\/er,ed by this
Contract shall accumulate annual leave eacb pay period as follows:
1.
2.
3.
0-4 Yea.rs
5-9 Yea.rs
10+ Years
Maximum
.Aw1lal
3.08 Hrs/Pay Period
4.62 Hrs/Pay Period
6.15 Hrs/Pay P"'lliod
160 Hrs .
240 Hrs.
320 Hrs .
D. Accumulation of annual leave shall nieiiber w authorized nor computed for
any purpose after the maximum accumulation bas been reached .
The schedule for use of annual leave s be determined by the needs of the
Department. Annual leave shall be taken at the time convenient to a.,d approved by the
Department Head or Supervisor. However, the City will make reasonable efforts to
accommodate the request of an employee to u.se ammal leave where a genuine emergency
situation exists.
Annual Leave Pay
The rate of annual leave pay shall be the empfoyee's regular straight time hourly rate
of pay for the employee's regular job and charged on a working hour basis, excluding
holid ays au,:! • .:,;ular da y, off. Annual leave shall be a1J owed only to the total hourly amount
accumulated at the beginning of the le ave , as verified 'by the department head . Employees
may rec eive th eir annu al leave pay no earlier than three (.,) days prior to the start of their
annual leave , provide d the employees make a writte n re quest to their supervis or fi ft een (15 )
calendar days pr ior to the start of their annual leave-.
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Work During Annual l,caye
H after the ~mployee bu begun , bis/her annual leave and the City requires the
employee to work durin~ the scheduled annual leave period, the employee shall not be
charged witl1 vacation tim t' for the number of houn worked.
How Chargiiil
Annual leave for employees shall be charged on a w'lrk-day basis excluding regular
days off.
Annual Leave Upon Separation
Any employee who is separated from the service of the City, i.e., retirement,
termination or layoff, shall be compensated for the unused annual leave time accumulated
at the time of separation.
ARTICLE 12, PERSONAL LEA VE
Effer.tive January 1, 1988, all employees covered by this Contract shall be granted 48
hours of :;,·rsonal leave time with pay which an employee is entitled to use for the following
purposes : •
A Time lost as a result of illness/injury to the employee or the employees
immed iate family.
B. Attend personal business.
C. Leisure time.
For any employee who has not us ed the 48 hours of personal leave tim e ending
October 31 of each year or any po rti on th ereof, the City will compe nsa te said employee for
the unused time at the empl oyee s regular wage rate to be paid during the month of
November of that year. Personal leave tim e shall not exceed 48 hours nor ~ball it be
accumulated or carried over from one year to the neXL Personal le ave shall be s:·, ~duled
and administered under the direction of the department bead or supervisor. lI.1 Uw event
of illness /injury in which personal leave is requested , shift work employees shall not ify their
supervisor at least one ( 1) hour prior to their sc~ · 1uled reporting time , all other employees
shall report at the beginning of their scheduled report time . Personal leave shall be
prorated for employees beginning a!'J te,mi na ting employment with the City during the
November 1 -October 31 time pe rio d.
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• ARTICLE 13. DISABIUIY -'IEMPORARY (NON-JOB RELATED)
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Temporary disability is '-granted for non-service connected Injury or illness of
an employee which disabili!y prevents the employee from perfonniog his/her du ti es as a
City employee .
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For employee~ hired prior to J~mwy 1, 1984, the City agrees to provide temporary
disability leave with pay for mnploilees ablent as a result of illness/injury at the rate of
100% of the ~mployee 's regular wqe up to 693 working hours of disability.
For employees hired prior to Janwuy 1, 1984, temporary disability leave shall not be
accumulative except that on Januvy 1 of each year the City shall restore 100% of the
number of days use d by an employee during the preceding year up to a maximum of 347
working hours .
For employees hired after Jamwy 1, 1984, and thereafter, and covered by the terms
of this Contract, the city agrees to provide said employees temporary disability leave with
pay for employees absent as a result of illness/injury as follows:
0-4 years
5-9 years
10+ years
347 worlcin g hours
520 worting hours
693 wo oong hours
For employees hired after January I, 1984, and thereafter, temporary di sabil ity leave
sh all not be ac.:umulative except thau o n Jan uary 1 of each year the City shall restore 100%
of the numbe r of days used by an employee durin g th e preceding year as follow s:
0-4 years
5-9 ye ar s
lO+ye ars
U tjljzatjon
up to a maximum of 173 working hours
up to a maU!lllllD of 260 wor kin g hours
up to a maxima:m of 34 7 workin g hours
A. Au thorization for te III?O rary dis ability leave with pay shall only be gr .-nted
after the fi rst ei ght hours of disab ilit;•'·
B. Authorizati on for 1empo rary disa bili ty shal l only be gr anted for the foll owi ng
reasons:
I. Personal ill ness o r injury not servi ce conne cted , includ ing maternity .
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Sick Leave Qltioo
All sick leave accrued by permanent employees prior to January 1, 1980 sbaU vest
with the empl~yee, and may be used in. the following mllllJ!Cr;
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A. After the 120 days as described above, have been used, unlCS& the employee
is entitled for retirement as a result of dbJbility.
B. By cashing in all accrued sick leave accumulated under the previous plan upon
normal retirement from the City at the rate of one hour's pay for each two bou::s ol accrued
sick leave or one hour's pay for each four hours upon separation from the City.
C. By cashing in accrued sick leave under the previous plan, once each year at
the conversion rate of four (4) hours sick leave for one (1) hour pay, not to exceed a
conversion of more than 400 hours each year.
Reponioi of Temporary DjsabjJjty
The employee or a member of the employees household shall notify the employee 's
supervisor prior to the employee's scheduled reporting time. No temporary disability leave
will be granted to an employee who faili to notify their supervisor prior to the begmning of
the employee's work schedule.
Verification of DjsabjJjty
If the Department Director or immediate designee requires a physician 's s.atement
verifying temporary disability, the City shall bear the cost for rucil phys ician's statemenL
Abuse of Temporary DjsabiliIY
Abuse of temporary disabil ity occurs when an eo•p loyee misrepresents Uile actual
reason for requesting tem porary disability or when an em,•l ;iyee uses temporary disability
leave for unauthorized purposes. An employee who ma kes a false claim fer 11:.mporary
disability leave shall be subject to disciplinary action or dismissal.
ARTICLE 14. ON-THE-JOB INJURY· DISABILITY
A. For any on-the-job injury which causes an employee to be abse nt fr om wo rk
as a result of such injury, the City shall pay to such employee his full wages from the first
day of his absence from work up to and including tbe 90th calendar day of sudl absence,
less whatever sums recei ved by the employee as di sability benefits under orkmen's
compensation. The City reserves the right to require any employee on injury or disability
leave to submit to an examination(s) by City-appointed physician(s) at the City' expense or
under the provision of workm~n •s compensation. The employee will not be charged sick
leave for disabili ty under this Article .
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B. All injuries that occur during workin& h11urs shall be reROned 10 the
c,mployee's supervisor within 24 hours of the injury or before 1be employee leaves their
dep_artment of employmeDL , ,
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ARTICLE 15. MILITARY LEAVE
A. Any permanent or probationary employee who enlists or is inducted into 1be
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(!) 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 Slate or federal Jaw, or who shaU be a member of the reserved forces of the
United States, now or hereafter organized o, · constituted under federal law, shall be entitle d
to leave of absence irom bis employment , ~thout loss of pay, seniority , status, efficiency
rating, vacation, sick leave or other benefits 1r all the items when he is engaged wi1h such
organization or oomponent in training or acrive service ordered or authorized by proper
authority pursuant to 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
established .
C. Such leave shall not be allowed unless the employee returns to his public
position immediately upon being relieved from such military service and not later than th e
expiration of the time herein limited for such leave, unless be is prevented from so returning
by physical or mental disability or other cause not due to bis own fault or is required by
proper authorities to oontinue in such military service beyond the time herein limited for
such leave .
D. Subject ID provision A, B and C above, the City shall pro~de full pay to an
employee granted 'tary leave, Jess whatever compensation the employee may have
received by the military for such service.
ARTICLE 16. FUNERAL LEA VE
The Departme nt He ad shall grant leave with pay to an employee to attend the
funeral of a member o f the empl oyee's family . The number of days granted shaU be
governed by the circumstances of the case, but in no event shall they exceed five (5) working
days. For the purposes of thi s section "employee's family" shall mean the empl oyee 's spouse,
or the children, granddlil dre n, parents, grandp a rents, brothers and sisters of the employee
or the employee 's spouse, or the employee's stepparents, stepchildren, stepbrothers and
stepsisters . Annual leave may be gr anted by the Depanment Head if additional time off
is deemed appropriate_
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ARTICLE 17. JURY DUTY AND Wrt'NESS SERVICE
Leave may be granted to an employee for serving oa jary du1J or u a witness In bis
official capacity in obedience to a subpoena or direction by legal authority. He shall be
entitled to the difference between his regular compensation and tbe fees received for jury
duty or as a witness. When be is subpoenaed as a witnesa in private litigation to testify, not
in his official capacity but as an individual, the time absent by reasons thereof shall be taken
as annual leave or leave without pay.
ARTICLE 18. HOUDA YS
A. The following days shall be considered official holidays by the City:
1. New Y car's Day: January 1.
2. Washington's Binhday: the third Monday in February
3. Memorial D.r.y: th~ last Monday in May.
4. lndependen,e Day: July 4
5. Labor Day: the first Monday in September.
6. Veteran's Day: November 11.
7. Thanksgiving Day: the fonnb Thursday in November.
8. Fourth Friday of November follD'A-ingThanksgiving Day.
9. Christmas Eve: December 24 .
10. Christmas Day: December 25 .
11. New Y car's Eve: December 31.
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 Department
head .
C. Eligible employees other than shift work employees at the Wastewater
Treatment Plant shall receive one day's pay or equivalent time off at the discretion of the
department bead for each of the holidays on which they perform no work. Employees
required to work on an official City holiday shall receive OM and one-half (1 1/2) times the
employee 's regular rate of pay for all hcurs actually worked in addition to the employee's
regular pay for the holiday or time off at th e rate of one and one-half (1 1/2) times the
number of hours actually worked at the discr etion of the d cpanment head.
D. When one of the foregoing holiday s falls oa a Sunday, the following Monday
shall be observed as the legal holiday. When any of me foregoing holidays fall on a
Saturday, each employee shall be entit le d to a day off for such ooliday, whi ch day off shall
be scheduled as the City Manager determines, bu t no specific day shall be observed as a
holiday for purpose of closing City offices and fu .actions.
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ARTICLE 19. UNIFORM CLEANING AlLOWANCE
If an employee is required to wear a uniform, the employee shall wear the uniform
ooJy u aut!Jorized by the department work rules. 1be City will continue to prcwide
Ullifonru, cleaning and replacements. The City will provide SO% of the cost of required
work shoes up to a maximum of $70 per year except with department head approval All
employees shall maintain a presentable appearance while on duty . The employee i5
responsible for any damage to the uniform by negligence or deliberate act.
ARTICLE 20. TUmON REFUND
Upon recommendation of the department head and after prior approval of the City
Manager, the City of Englewood may reimburse employees covered by this Contract upon
successful completion of an approved course or courses in education or vocational training
at the public institution rate . The course or training must be related to tbe work and be
designed to improve competence in the job, and be of value to the employee 's service to the
City. This shall include all tuition, and required texts .
ARTICLE 21. LIFE INSURANCE
A $30,000 Tenn Life Insurance will be provided by the City for employees who have
completed one (I) year of continuous tmploym• ·. with the City. A conversion privilege
upon retirement of 50% coverage payable by the employee will be mad~ availabl ~ .,, the
City for said retired employee.
ARTICLE 22. DENTAL INSURANCE
For the term of this Contract, the City shall pay 85% and the e,11 ployee shall pay
15% of the premium cost for the City Dental Insurance Plan or other plan which may be
selected by the City as a substitute for the City Dental Plan for each sin gl e and dependent
policy bolder.
The above benefit shall be allowed only to employees who have completed one (1)
year of contin uous employment with the City .
Any dispute concerning the interpretation or application of benefits under the Dental
Plan shall be subject to the dispute resolution procedure only. (It is expressly understood
that this provis ion is a non-grievable item under thi s Contract.)
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ARTICLE 23. HEALTii INSURANCE· EMPLOYl::E/RETIREES ·,1;.
A. (1) for the 1erm of lbi5 Coouact, !be City will pay ci&hty•livc percent
(85%) per month of the premium COH a dep,ladcm and llingle coveraae for the City's self
funded health insurance plan.
(2) For the term of this Contract, cmp~s will pay fifteen percent (15%)
of the monthly premium cost for dcpendem and single coverage for the City's self funded
health insurance plan.
B. Any dispute concerning the interpretation or application of benefits provided
under the Health Insurance Plan shall be subject to the dispute resolution procedure only .
(It is expressly understood that this pro,,ision is a non-griev1ble item under this Contract.)
C. Retirees prior to January I. 1980, will be provided health insurance coverage
by the City on a non-participa!Ulf, besa. The coverage will coordinate with Medicaid and
Medicare wherever applicable. Retirees after January l, 1980 will be guaranteed conversion
privileges to the Health Insurance Plan &Yailable through the City. For those who retired
prior to December 31, 1996, the City will pay 50% of the cost of coverage of the conversion
plan up to a maximum of 550 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 month.
It is the intent of the City to phase 0111 this provision.
ARTICLE 24. RETIREMENT BENEFITS
The retirement benefits for emp!oyees covered by this Contract are set forth in Title
III, Chapter 6, Retirement, of the Engl ewood Municipal Code. The following changes shall
be made January 1, 1980.
A For prior service: 75% of the members final average monthly compensation,
multiplied by the number of years of a-edited prior service.
B. For current service: 1.5 ,c; of final monthly compe nsation, multiplied times the
number of years of credited current se.rvice.
ARTICLE 25. LAYOFF
A. Whenever there is lack of work, lack of funds, or under conditions where it
is determined that continued work would be inefficient or nonproductive, requiring
reductions in the number of emp l~·ees , the appointing authority shall designate the
department an d positions in which the layoff is to 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 orde r of his relative length
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and quality of service as shown by the per.onnel re~ordl. All other factors boiaa equal.
seniority shall prevail. '
B. All other factors bein& equal. employees on layoff shall he recalled ill the
order ot relative length of service as shown by the personnel records. provided thal U101C
recalled have the demonstrated ability and same qualifications to perform the available work
a.s determined by the City . No new employees shall be hired UDtil all employees on layoff
status desiring to return to work have been recalled. The recall list shall terminate aflc:r one
{1) year.
ARTICLE 26. LEA VE OF ABSENCE {WITIIOUT PAY)
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Permanent employees may be granted a leave of absence without pay for reasons of
education which are allied to the duties of the City, settlement of an estate, child care,
serious illness of II member of the employee's family, or to attend Englewood Employees.
AMociation activities, but shllll not be used for the purpose of obtaining employment
elsewhere. Leove without pay shall not exceed six ( 6) months of any year but may be
extended upon reques, for an additional six ( 6) mon hs. The total leave time shall not
exceed one year . Upon return from approved leave , the employee will be restored to their
former position if available, or to a comparable position for which the employee is qualified .
During periods of unpaid leave, the employees shall not continue to accrue service credit
or be eligible for any City benefits. However, an employee who bas been grante:d a leave
of absence, may participate in life, dental and health insurance programs wider Articles 21,
22, and 23 at his/her own expense for the period of the approved leave monthly premiums
must be paid in advance in order to maintain such coverage .
AppHcatjon 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 the approximate length of leave time requested.
Consjderarjon of Leave Request
The department head shaU grant or den y leave request s, taking imo cons ideration
the depanment's wo rk force, work load and the emp loy ee 's requ est.
Failu re 10 Return
lf an employee fails to return hy the date of leave expiration, th e employee shall be
coruidered to have voluntarily resigned from the service of the City .
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ARTICLE 27. GRIEVANCE PROCEDURE u
A grievanfe is ddimcl as a claim or dispute by an employee covered by the terms
of this Contract couc:ernina an alleged violation of a specific provision of this Contract.
The employee shall be required to follow the procedure as set out below:
A general grievance is defined as a grievance thnt concerns a group of employees or
the bargaining unit in geaeraL A general grievance can only be filed by the Association
within the time frame specified in Step 1, and the initial review will occur by the department
head lit Step 2 below.
A. "Work Day" means calendar days exclusive of Saturdays, Sundays, and City
recognized holidays .
Step 1.
If the employee is amble to settle the grievance or dispute orally and informally
through his/her imrnedizrc supervisor within five (5) working days of the date of the
occurrence of the grievance, or the ernployee's knowledge of it, the employee may, within
the succeeding five (5) l1IOrk days, file a written grievance with his/her supervisor . The
supervisor shall atternpl to adjust the rnaner and shall respond in writing to the employee
within five (5) work da)'5,.
Step 2.
If the answer is mt 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 . Toe: department head shall respond in writing to the employee within
five (5 1 work days.
Step 3.
lf the grievance still remains unad justed, it shall be presented by the employee to the
City Manager in wri ting within five (5) work days following receipt of the response of the
department head . T oe City M ... li oger or his /her designated hearing officer shall have a
meeting with the gri evam w re vi ew the gri evance and all relevant information. Within ten
( 10) work da ys o; that moeting, the Ci ty Man ager or his/her designated hearing officer wi!l
issue a writt en decisi on.
Step 4.
I. If the gri e,.ince is still unreso lved , the Asso ciati on within fourteen (14)
calend ar days after the reply of the City Manage r or his/her designated he ari ng offi cer , may
by written not ice request tb e matt er be sub mitted to arbitration . The parties will attempt
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to choose a mutu ally agr=ble ar bitrat or. If within five days of the request for arbi tr at ion •
the Asso ci ati o n an d the Gry canno t mu tually agree on an impartial arbitrator, a requ est will
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be filed with the American Arhitratio:1 Association for a panel of sewen arbitrators to be
sent to the parties. The arblll'.iW ub.ill be selected by a method m alternative striking of
names from th ,: pane~ with th•~ fi':~ t strike determined by a coin flip. 1be final name left
on the panel sball be the arbitrator. The arbitrator shall be requ-s&ed to issue a decision
within thlny (30) days after conclusion of testimony and arguL'lellt.
2. Each party shall be responsible for t")!!!pensation 10 its own representatives and
witnesses. The fees of the arbitrator shall oe borne equal!•: by the Association and the City.
3. If either party desires a verbatim record of r.' ,e proceedings, it May cause such
a record to be made, provided it pays for the recorri and makes a copy available to the
arbitrator. If the other party wishes to have a copy of the m1nscript it shall share all costs
for the transcript.
4. Authority or Arbitrntor.
The arbitrator ~ball have no power to 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 to the grievanc,e mbmitted which bas
been properly processed through the grievance procedure outlined.
5, Failure by an employee or the Association to comply with any rune limitation shall
constitute a settlement of the grievance. Should the employer not respond within the
prescribed time, t.lle gri~vance will automatically proceed to the next step. At the
employee's option, the: employer may be allowed additional time to respond.
GdevanceQgtion
It is agreed that should the appeal procedure as provided undC'r 138:3 of the City
Charter or applicable City ordinance is utilized, recourse to the grievance procedll!e
included in this Article shall be waived.
Processing Grievance During Working Hours
Grievances may be investig~ted and processed by the emp oyee or designated
empl oyee 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 CORRECTTVE ACTTON
Wriften Corrective Action
A When the supervisor d~termines that a written corrective action is appropriate
• and necessary, the corrective action shall be addressed to the empt<l)ee and shall include
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the alatioa; the specific b~bavior ,n'-l l,\ the dates of the behavior (when approp.riate)-that •
suppon die charge; the waruill& thU l \m:il1uance of this behavior will result in disciplina,y
acti011; and an offer of 8¥i5!aqee in co, ;ccting tha behavior,
8 . A signed ~PY of the corrective action by the supervisor shall be includc-d in
the employee's official personnel file in the Employee Relations office, and the employee
shall bawc the.opportunity to submit written comments in response to the corrective action
to be: induded in the file. After a period of one (1) year from the date of the filing of the
written corrective action, the supervisor shall review said letter and provide a follow-up
letter indicating the status of the written corrective action ,
C. If the corrective actions was for una,·ceptablc heha,i ur such as absenteeism,
tardineM, or rules violations and no similar violati Jns were coillillitted by the employee
durin the following one (1) year period, the corrective action shall be replaced with a
written SlatCmem by the employee 's supervisor that no similar VIOiation has occurred during
the one (1) year period and that the corrective action bas been removed from the
employee's persoru ; •I file .
D. The employee retah'IS the right throu_gh the Association to an adminisuative
review of die written corrective adon. A requ~:.t for such review must be filed ,,.;th the
Director or Administ:.'<ltive Services within ten , 10) working days of receip: of the letter of
corrective action by the employee . An Adminisuative Review Board consisting of two (2)
represemalives of the City appointed by the Director of Adminisuative Services and two (2) •
reprer.ematives ,:if the Association appointed by the Association President shall make up the
Administrative Review Board. The Director and the Association President will consider
members of the Team for Quality Work Environment for appointment to the Board. This
Board shall be ad 0 sory to the Department Director, and its written fin dings shall be
forwarded to th e employee, the Associat ion, the Department Director, and pl aced in the
employee 's personnel fi le . Upon receipt of the Board 's findings , the Department Director
shall , within ten {1 0) working days respond in writing to tho se findings. (If the Department
Director ls unable to respond in 10 days, a time agreeable to the employee, the Associ.uioo
and the Director must be found.) Copies of this response shall be forv,arded to the
employee, the Association, the Board, and a copy shall be placed in ;be employee's
personnel file . This Article shall not be grievable uuder this Contract.
ARTICLE 29. DUES DEDUCTIO N
A Th e City agree s to deduct the E~g lewoo d Em ployees Association du es each
pay period from the pay of tho se employee s wh o indi vid uall y req ces: in wr iting that su ch
deductions be ma de , subject to the garnishment laws of the State of Co!o rado. The amounts
to be de duct ed shall be cert ifi ed to the City Finance Dir ectu r by th~ Tr easurer of the
As sociation, an d the aggre ga te deducti or.s of all employees shall be re min~d together with
an itemizeo stat ement to the Treasur,.r by the 15th of the succeeding mont h, after such
deducti ons are ma de . The authorizatiJn shall be revocable durin g the tenn )f the contract,
up on a tbiny-day (30) writt en notice by the employee to th e City Fin ance Dir ector. •
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B. If no wages are paid an authorized employee on the last pay pcriod10f a gi.:en
pay period, deduction for that pay period will be -ie from any wages which mr.y be paid
to him/her OD the De~ sus:ceed!,n& final molllhly Ci1J pay puiod., It is expressly v nderstood
that the Ci,ty wumes no liability agd $IQ qoa be liable for the collection or payrilent to the
Englewood Employees Association of any dues daring any time that an employee is 001
actually working for the City and actually OD the payroll of the City. In the event of error
on the check-off list, the City will 001 be responsibie w make adjustments, until notified by
the Treasurer of the Englewood Employees Al'IOC'iatioo •·
C. The Englewood Employees AssociaDoD shall indemnify and bold the City
harmless against any and all claims, suits, orders, or judgments brought or issued against the
City a~ a result of any action taken or not taken the City under the provision of this
Article.
D. Ch~nges in the dues amount to be deducted shall be limited to two (2)
changes each year, providing a thirty (30) day wrinec notice is pro,ided to the City Finance
Director.
E. Should the change in the deduction amount or method require a computer
programming change, the EnglJwood Employees Association shall be responsible for the
cost of such change or changes, at $30 per hour..,'idl a four(4) hour maximum. Payment
from the Englewood Employees Association shall be made to the City Finance Director
within ten ( 10) days of receipt of billing.
ARTICLE 30. ASSOCIAflON ACTIVITIES
The City agrees that during working bows o the City pre 'ses and without loss of
pr y, Englewood Employees Association members nay be allowet. w: attend Englewood
Employees Association and/or management meetings ; post Englewood Employees
Association notices on city desigriated bull.etin boards; solicit Englewood Employees
Association memberships during emp oyee•~ non-woric time; and repre sent employees on
grievan ces and negotiations .
One (1) empl oye e representat ive fro m ~ Util iti es De panment and one (1)
employee representrtive from t;1e Wastewate r Treatoent Plant will be allowed one (1) hour
time off from work with pay each month to atte nd mo nthly associa tio n meetings.
ARTICLE 31. STANDBY PAY
All employees covered by this Contract and assigned standby duty shall be
compensated at a rate equal to eight (8) hours at hi.5 er regular ra te of pay for one week
< standby duty .
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ARTICLE 32. CAI.L BACK 11 ,,
Any lime an employee on otf-dl,ty status is called back 10 work be/she shall be
credited witb a minimum of two (2) hours pay at the rate i,f one and one-half (1 '1/2) tlfflCS
hil'/ber repdar boun y rate . 1
ARTICLE 33. LABOR MANAGEMENT COMMl'l11EE
A Labor Management Committee consisting of four ( 4) members appointed by the
Union and four (4) membt:r5 appointe d by the City shall meet on a quarterly basis. The
committee will only deal wi!b group issues that are not dealt with through other existing
committees or grievance procedures. The Union will send its agenda items to the
Administrative Services D:rector at least one (I) week prior to the date of the quarterly
meeting.
ARTICLE 34. EXCI 1J SIVENESS OF CONTRACT
The Gty and the Association agree that the terms and provis ions herein contained
constitute the entire Contrar.t between the parties. The City and the Association agree that
all negotiable items have been discussed during the negotiations leading to this Cont ract
and, therefore, agree that negotiations will not be reopened on any item during the life of •
this Contract. except by mutual agreement of the parties .
IN WITNESS lHEREOF, the parties have caused this Contract to be signed by their
respective representatives, and their signatures placed thereon, on this ____ day of
---------~ 1998 at Englewood, Colorado.
ENGLEWOOD EMPLOYEES
ASSOCIATION , Af'SCME LOCAL #303 CITY OF E:--IGLEWOOD
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Mayor
AlTEST:
City Clerk
City Manager •
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COUNCIi.COMMUNiCATION
Age,Nlallam Subject Collective Barga ining
P.greem l'nt betwe en I/le City of
c1 \'.Jie wo...J and th e EEA for
____ J_ul'-y_20_,_1_99_8 ________ 1_1,c_i_li ___ _J ·~ ·9, ! :?O_,_a_nd_20_0_1 ___ -I
Initiated By Staff Source
Administrative Services
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Jackie Meadows, Acting ~o-Director
of Admi n,strative Services
The previous Collective Bargaining Agree lTii9nt with the Englewood Employees Association was
approved by Council for 1997 and 1998. T'illf! agreement inclu ded a provision (Article 9, sectio n E) for
the negotiation of 1999 salary , in 1998.
RECOMMENDED ACTION
Staff requests Council approval by resolutiOln of the Collective Barga ining Agreement between the
Englewood Employees Association and the C ity of Englewood for 1999, 2000 and 2001 . The contract
covers approximately 191 employees.
BACKGROUND , ANALYSIS , AND ALTERNATIVES IDENTIFIED
The City of Englewood and the Englewood Employees Associat ion entered into negotiations in May ,f
1998 In acc ordance with the City of Er.g lcwood Charter . The members of th e Englewood Em ployees
Association duly ratified , by a majority vote , e Collective Bargaining Agreemen t.
Sign ificant changes to the contract in clude e fo llo wing:
1. Under Article 9, page 5 , employees covered by the Contract will receive a three percent (3.0%)
increase on the 1998 base wage rate effective January 1, 1999 and a three percent (3.0 %)
increase on the 1999 base wage rate effective January 1, 2000 . Salary for 2001 will be negotiated
in 2000 .
2. Under Article 12, page 8. the last sentence of Article 12 was modified lo read as follows ;
"Persona l leave shall be prorated for employees begir,ning and terminating em ployment wit h the
City dur in g the No \·0 rr.ber 1 -.Jctober 3 time period ."
The pr evio us con tract in dicated th e lime !Period as "du ring the cal enda r year" .
3. A new article , Article 33 Labor Management Committee, wl" be added to page 20 of the
contract. Article 33 will read as follows ;
"A lat,or management committee consisting of lour (4) members appointed by the union md four
(4) mt•r ,1bers appointed by Iha City shall meet on a quarterly bas !o . The committee will ontl-;deal r
with g••>UP Issues that are net dealt with through other existing committees or grievance
proce,:Jres . The union will send its agenda Items to the Administrative Serv ices Director a:i least
one (1) week prior to the data of the quarterly meeting ."
The current Article 33 will be re•titled Article 34 .
ANANCIAL IMPACT
The impact ol the increase on wages , and ben el its impacted by wages , is approxima tely S237 ,669 for
1999 and $244 ,800 for 2000 .
UST OF ATTACHMENTS
Proposed Resolution
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