HomeMy WebLinkAbout1996 Resolution No. 073•
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RESOLUTION NO , ~
SERIES OF 1996
A RESOLUTION AUTHORIZING THE COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE ENGLEWOOD EMPLOYEES ASSOCIATION AND THE CITY OF
ENGLEWOOD FOR THE PERIOD OF JANUARY 1, 1997 THROUGH DECEMBER 31 ,
1998.
WHEREAS, the previous Collective Bargainin, Agreement with the Englewood
Employees Auociation was effective from January 1, 1995 through December 31, 1996; and
WHEREAS , the City of Englewood and the Englewood Employees Association entered
into negotiations on May 15, 1996 in accordance with the Englewood City Home Rule
Charter; and
WHEREAS, the men,ben of the Englewood Employees Asaociation duly ratified , by a
majority of the members, the Collective Barpining Agn,ement; aud
WHEREAS, approval by the Englewood City Council of the Collective Bargaining
Agreemenl between the Englewood Emplo:r-Aaeociation and the City of Englewood fo r
the the I eriod of Jan.i •ry 1, 1997 through December 31 , 1998 , is hereby given ;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Sl:s:tilm.J.. The City Council of the City of Englewood, Colorado hereby approves the
Collective Bargai~;~g Agreement between the Englewood Employees Association and the
City ofEnglewooo ..,. period of January 1, 1997 through December 31 , 1998.
~-The Mayor and the City Clerk are hereby authorized to sign and attest the
Collective Bargaining Agreement between the Englewood Employees Asaociation and the
City of Englewood, Colorado, for the period of January 1, 1997 through December 31 , 1998.
I, Loucrishia A. Elli s, City Clerk foJ:.,t,\I C City of Englewood, Color
above is a true copy of Resoluti on No '1:J, Se ries of 1996 .
COLLECTIVE BARGAINING AGREE.\1ENT
BE'IWEENTIIE
CITY OF ENGLEWOOD
AND THE
ENGLEWOOD E.tm>LOYEES ASSOCIATION
FOR TIIE YEARS
1997 AND 1998
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PAGE
ARTICLE 1 INTRODUCTION
ARTICLE 2 DURATION OF CONTRACT 2
ARTICLE 3 RECOGNITION 3
ARTICLE 4 EMPLOYEE RIGIITS 3
ARTICLE 5 HOURS OF WORK 3
ARTICLE 6 OVERTIME WORK 4
ARTICLE 7 ACTING PAY 4
ARTICLE 8 MERIT INCREASES 5
ARTICLE 9 COMPENSATION 5
• ARTICLE 10 LONGEVITY COMPENSATION 6
ARTICLE 11 ANNUAL LEA VE 6
ARTICLE 12 PERSONAL LEA VE 8
ARTICLE 13 DISABILITY -TEMPORARY (NON-JOB RELATED) 9
ARTICLE 14 ON-THE-JOB INJURY · DISABII.JTY 10
ARTICLE 15 MILITARY LEA VE 11
ARTICLE 16 FUNERAL LEA VE II
ARTICLE 17 JURY DU1Y A.L'ID WITNESS SERVICE 12
ARTICLE 18 HOLIDAYS 12
ARTICLE 19 UNIFORM a..EANlNG AllOWANCE 13
ARTICLE 20 rumoN REFUND 1.3 • ARTICLE 21 LIFE INSURANCE 13
ARTICLE 22 DENTAL INSURANCE 13
ARTICLE 23 HEAL"n-l' INSURANCE • EMPLOYEE/RE'llREES 14
ARTICLE ~4 RETIREMENT BENEFITS 14
ARTICLE 25 LAYOFF 14
ARTICLE 26 lEA VE OF ABSENCE (WITHOUT PAY) lS
ARTICLE 27 GRIEVANCE PROCEDURE 16
ARTICLE 28 I.ETIER OF CORRECTIVE ACTION 17
ARTICLE 29 DUES DEDUCTION 18
ARTICLE 30 ASSOOATION ACTIVTilES 19
ARTICLE 3 1 STANDBY PAY 20 • ARTICLE 32 CALLBACK 20
ARTICLE 33 EXCLUSIVENESS :'"'' CONTRACT 22
• CON'JRACT
BETWEEN 1HE CTTY 0:::7 ENGLEWOOD
AND THE
ENGLEWOOD EMPLOYEES ASSOCIATION
AitTICLE 1, INTRODUCTION
This contract entc:red into by the City of Englewood, Colorado, and the Englewood
Employees Associ:uion bas as its purpose the promotion of harmonious relations between
the City of Englewood and its Empl~ees, a fair and ;,eaceful procedure for the reso/ tion
of differences; the establishment of rates of pay and hours of work, and other conditions of
employment an set out in the City Chart~r.
Except where limited by express provisions elsewhere in <his Contract, nothing in this
Contract shaJ; be construed to restrict, limit or impair the rights, powe and authority of
the City as granted to it under the laws of the State of Colorado and :he City"s Charter and
:\llunicipal Code . The rights, powers, and authority include, but are not limiteC: to, the
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A. Determine the overall mission of the City as a unit of govemm~nt.
B. To maintain and improve the efliciem:y and effectiveness of City opemions.
C. To determine !he services to be rendered, the operatim:..1 10 be performed, the
technology to be utilized, or the maners to be budgeted.
D. To determine th~ overall methods. processes, means, job classifications or
personnel by which city operations are to i>e conducted.
E. T ~ direct, supervise, hire, promote, ttansfer, assign, schedule, re.tai n or lay-off
employees.
F . To suspend, discip line, :lischarge, or demote for just cause . all full-time
permanent classified employee s.
G. To relieve emµlo yees from duties because of lack of work or funds, or under
conditions where the City determines continued work would be inefficient or nonproductive .
H. To take whatever othar actions may be necesmy to c:any out the wishes of
the public not otherNile specified herein or limi ted by a collectiw, barpiDina Contract.
I. To take any and all actions to cany out the mission of the City in cases of
emergency.
J. Nothing oontained herein sball preclude the City from oonferring with its
employees for purposes of developing policies to effectuate or implement any of the above
enumerated rights.
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 notice of the intended change . The Englewood Employees Association retains the
right to grieve any change in practice which is in violation of this Contract.
ARTICLE 2. DURATION OF CONTRACT
A. This contract will take effect on January 1, 1997, and shall oontinue in force
to and including December 31 , 1998, except that negotiations on salary, dental insurance and
health insurance , -employee/retiree for 1998 will be held in 1997 in accordance with the
Chaner. The City will notify the Union three (3) months prior to commencement of
negotiations if there is a need to negotiate on dental or health insurance.
B. This contract or any pan of it. may be terminated or renegotiated at any time •
by mutual consent of both parties.
C. If any article or section of this contract should be held invalid by operation
of law or any Coun of oompetent jurisdiction. or if compliance with or enforcement of any
article or section should be restrained by such Coun, the remainder of this contract shall
not be affected therebv and this Contract shall remain in full force and effect. and the
parties shall promptly ·meet and negotiate for the purpose of attempting to arrive at a
mutually satisfactory replacement for such anicle or section.
D. The parties agree and understand that provisions relating to employees
covered by this contract shall in no way displace or modify present or future statutory case
law of the State of Colorado.
E. The parties acknowledge that during negotiations which resulted in this
contract, each bad the unlimited right and opportunity to make demands and proposals with
respect to any subject or matter appr opriate for Contract negotiations and that the
understandings and agreements arrived at by the parties after this exercise of that right and
opportu nity are set fonh in the contract .
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AJrnO,& 3. RECOON1'I10N
The City recosmzea tbe Eopwood Employea Allodar.ion/ AFSCME Local #303
as the sole orpllization cenified punu1111 to tbe provisions of tbt1 Chaner of tbe Cly of
Englewood as the exclusive representatm for the public employees within the following
bargailliDg unit:
IDcludcd : All full-time. classified uon-emerseucy employees of the City.
Excluded: All supemsory, mauagcrial, confidential, pan-!PDC, temponuy, se;ool181,
and contractual employees, studenlll, and all employees hired through the use of Federal,
state or other outside funding sources for special projects or proifUDS, and all o~ who
may be determined by the Board of Career Service Commissioners prior to or during the
life of this Contract as provid•d under the City Charter.
NOTE: For legal authority see City Chancr 137:1, 137:2 b, c, m, m 1--6, n, o,
and 137:3. Also sec 137:2 (k) re: employee rights of association.
ARTICLE 4. EMPLOYEE RIGIITS
A full-time classified employee who is not a confidential employee, a managerial
employee . or a super,isor shall have the right
A To form, join. support or panicipatc in, or to refrain from forming, joining,
supponing, or participating in the employee organization or its lawful activities ; and
!3. Bargain collectively through their certified employee representative.
C. No employee shall be interfered with, restrained, coerced or discriminated
agains t because of the exercise of these rights nor shall the right of an individual employe e
to discuss employment concerns with the City be infringed upon.
NOTE : For legal authority see Employee Rights of Association 137:2(k) of the
City Charter.
ARTICLE S. HOURS OF •1, 'RK
All depamnents, functions or activities shall observe office and working hour s
nece ssary for the efficieut 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 forty ( 40) hours per
week, or in the case of shift work, an average of forty (40} hours per week. The work week
shall co nsist of five (5 ) eight-hour shifts. or other work schedules as detcnnined by the
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department bead with appa'0911 of the Cty Mlinqer. All employees ~ be r.beduled to
work a rqular work ICbedule 111d eadl wort scbedu1e sball ban a ~ ~ ar.d
quinina time. Should the work scbedule be changed, affected employees will be notified 24 •
boun in advance except in the case of an emergency u determined by the Department
Director.
B. Employees sba.!l 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 of the supervisor or department head.
C. When possible, employees who work beyond their regular quitting time into
an overtime siruation sball be eligible for a fifteen (15) minute rest period before they begin
the overtime work. When po551ble, additional rest periods shall be granted under the
control of the supervisor or department bead simil'll to rest periods gnu;.ted 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 co ntrol of the supervisor or department head.
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
schedule .
ARTICLE 6. OVERTIME WORK
A. For all employees covered by this Contract, except as specified below, duties
performed over and above the as.signed work schedule shall be considered overtime .
Overtime shall not be computed nor compensation allotted on pre\iously accrued overtime.
B. All personnel subject to ove.rtime ;hall be compensated for overtime work at
the rate of one an one-half (1-1/2) times the oo:mal pay rate or co mpensatory tim e off
during normal work hours, computed at the rat.e oi: one and one-half (1 -1 /2) times ..
The City retains the right to assign overtime work to any employee qualified to
perform the work.
ARTICLE 7. ACTINGPAY
All pcnoas appointed to an acting pos iti on at the sole discretion of the Director will
be co mp ensate d at the minimum of the acting position, or 5%, >¥hicbever is greater, for the
position for which he /sh e is acting as approved by the Directo r of said Department. Toe
employee must be in an actin~ capacity for forty-eight (48) consecutive working hours
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(adudm& overtime) bef-w said eiaptoyee becomas ellpble for Kim& pay. Sud! pay will
be relrOICtive to the 11m day cmpl.JYCO -the respomlbility of the position.
AlmCLE 8, MERIT INCY .:.ASES
All merit increases provided for the employee will be considered upon the
umiversuy date and shall not be considered automatic, but rather, baaed upon performance.
Said merit increa:.c may be granted or denied to any individual employee upon
recommendation of the department head and with the app~ of the Qty Manager upon
notice to such individual employee. Toe date in which the merit increase is approved shall
determine the new merit anniversary date.
AllTJCLE9. 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 the minimum rate of pay for a class shall be paid to an employee wh o
is starting his employment wi .h the City.
C. When a regular full-time position not under the classified service is brought
into the classified service, the rate of pay of the incumbent may be set by the City at the
S".ep closest to his e1•.rrent 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) Toe employe e is on leave without pay . The 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) Toe employee terminates bis emp lflyment and lat er is reemployed . The
rew anniversary date shall be determined by his new employment date.
(3) When it is determined that the employee merits an increase, the date
of the increase will determine the new anniversary date.
E . Employees of the City of Englewood represented by the Englewood
Employees Association and covered by t.1,;s Contract shall re ceive a three and three-te nths
percent (3.3%) increase on the B96 base wag e rate effective January I, 1997. Salary fo r
1998 will be negotiated in 1997.
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il'l1CLE 10, LONGEVITY COMPEtJSATION
In addition \CJ an employff's monthly saluy, the employee shall be eligible for
longevity compensation based upon the number of years of continuous service with the City
and shall be derived from the following schedule:
Years of
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o-4
5-9
10-14
15-19
20 or more
Amount of Compensation
None
$12 per month for $144 per year, except for those employees who have
not completed 6 full years of continuous service on December 1 of any
year, which employees shall receive an amount equal to $12 for each
full month of completed continuous service after completion of 5 years
of con · ous service up to December 1.
$24 per month for S288 per year, except for those employees who bave
not completed 11 full year.; of continuous service on December I of
any year, which employees shall receive $144 plus an amount equal to
S12 for each full month of completed continuous service after
completion of 10 years of continuous service up to December I.
$36 per month for $432 per year, except for tho~ employees who have
not completed 16 full years of continuous service on December 1 of
any year , which employee shall receive $288 plus an amount equal to
S 12 for each full month of completed continuous service after
completion of 15 years of service up to December 1.
$48 per month for S576 per year, except for those employees who bave
not completed 21 full years of continu ous se rvice on December 1 of
any year, which emp loyee s.ball receive S432 plus an amount equal 1:
S 12 for each full month of completed continuous servi ce afte,
completion of 20 years of continuous service up to Decembe r 1.
Effective January 1, 1984, and thereafter, all new hires shall not be
eligible fo r lon gevity oompensation as pro,~ded for under this Anicle .
ARTICLE 11. ANNUAL LEAVE
A. Employees hired prior to January 1, 1984, and covered by this Contract sball
accumulate annual leav~ eacb pay p, . .,od at the rate of 4.62 hours per pay period of active
service . Ann ual leave sl;J.11 not be granted 10 any employee t•ntil after com pletion of twel ve
(12) months consecutive se rvice with the City unless otherwise authorized by the department
bead ln order to qualify for annual leave credi1 during the pa;• pe ri od. th e employee muse
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ba9e worbd for at leut oae-ll&1f (1/2) of the wamJ11 d&yl ol. that pay P'ri.od acludinJ
aurhorized p&id 1-. For those employea bating lea dwl ten (10) years COIIIUIUOl:11
senice, the muimum ,cmnml•tion al 111111111 lllDe sb■ll b6 thirty (30) days.
B. After ten (10) ye■n of comimJoas semce with the City, employees shall
aa:urnulare annual le,ve at the rate of 6.15 boun of amm,J le&ve per pay period of 111:tivc
service. in order to qualify for annual leave credit during the pay period, the employee roust
have worked for at least one-half (1/2) of the working days of that pay period excluding
authorized paid leave. Toe maximum accumulation shall be 40 days.
C. Employees hired after January 1, 1984, and thereafter, covered by this
Contract shall accumulate annual leave each pay period ■s follows:
Maximum
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1. 0-4 Years 3.08 Hrs/Pay Period 160 Hrs .
2. 5-9 Years 4.62 Hrs/Pay Period 240 Hrs.
3. 10 + Years 6.15 Hrs , 'ay Period 320 Hrs.
D. Accumulation of annual leave shall r .1ther be authorized nor computed for
any purpose after the maximum accumulation has been reached.
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Toe schedule for use of annual leave shall be determined by the needs of the
DepanmenL Annual leave shall be taken at the time convenL. ,. to and approved by the
Department Head or Supervisor. However, the City will m.uce reasonable effons to
accomm date the request of an employee to use annual leave where a genuine emergency
si tuation exists.
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Toe rate of annual leave pay shall be the employee's regular straight time hourly rate
of pay for the employee's regu lar job and charged on a working hour bas is . excluding
holidays and regular days off. Annual leave shall be allowed only to the total hourly amount
accumulated at the beginning of the leave , as verified by the department head. Employees
may receive their annual leave pay no earlier than three (3) days prior 10 the start of their
annual leave, provided the employees make a written request to their supervisor fiftee n ( 15)
c:i.lendar days prior to the start of their annual leave-.
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Wgq Dpria1 Amrel !An
If after the employee bu bepn bia/ber ,'IIIIIW leaTe IDd the Qty requires the
employee to work dwin& the scheduled amrual 1~ :,eriod. the employee shall not be •
charged with vacation time for the number of hours worte.:!.
HowChaacd
Annual leave for employee:s shall be charged on a work-day ba.sis excluding regular
days off.
Annual Leave Upon Separation
Any employee who is separated from the service of the City, Le ., retirement,
termination or layoff, shall be compensated for the unused annual leave time accumulated
at the time of separation.
ARTICLE U. PERSONAL LEA VE
Effective January I, 1988, all employees covered by this Contract shall he granted 48
hours of personal leave time with pay which an employee is entitled to use for the following
purposes:
A. Tune lost as a result of illness/injury to the employee or the employees
immediate family.
B. Attend personal business.
C. Leisure time.
For any employee who has not used the 48 bows of personal leave time ending
October 31 of each year or any portion thereof, the City will compensate said employee for
the unused time at the employees regular wage rate to be paid during the month of
November of that year. Personal leave time shall not exceed 48 hours nor shall it be
accumulated or carried over from one vear to the next. Personal leave shall be scheduled
and administered under the direction of the depnrtment head or supervisor. In the event
of illness/injury in which personal leave is requested, shift work employees shall notify their
supervisor at least one (!) hour prior to their •,cheduled reporting time , all other employees
shall repon at the beginning of their scheduled repon time . Pe rs onal leave shall be
prorated for employees beginning and terminating employment with the City during the
calendar year.
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An'ICLE 13. DISABll.II'Y • TEMPORARY (NON.JOB RELATED) ,
Dnffgirigp
Temporary diaability is leave giamed for DOD-terrice comuicted Injury or ilJJ!eas of
an employee which disability prevents the employee from performing his/her dutic.11 as a
City employee .
hl2Ywlm
For employees hired prior to January 1, 1984, the City agrees to provide temporary
disability leave with pay for employees absent as a result of illness/Injury at the rate of
100% of the employee's regular wage up to 693 working hours of disability.
For employees hired priol' to January 1, 1984, temporary disability leave shall not be
acaunulative except that on January 1 of each year the City shall restore 100% of the
number of days used by an employee during the preceding year up to a maximum of 347
working hours.
For employees hired after January 1, 1984, and thereafter, and covered by the terms
of !hi!; Cootract, the city agrees to provide said employees temporary disability leave with
pay for employees absent as a resi•lt of illness/injury as follows:
0-4 year.;
5-9 year.;
10+ years
34 7 working hours
520 working hours
693 working hours
For employees hired after January 1, 1984, and thereafter, temporary disability leave
shall not be accumulative except that on January 1 of each year the City shall restore 100%
of the number of days used by an employee during the preceding year as follows:
0-4 years
5-9 year.;
l0+year.;
Urijjzation
up to a maximum of 173 working hours
up to a maximum of 260 working hours
up to a maximum of 34 7 working hours
A Authorization for temporary disability leave with pay shall onl y be granted
after the first eight hours of disability.
B. Authorization for temporary disability shall only be gr ,'.'1tcd for the following
re asons:
I. Personal illness or injury not service cono<!cted, including maternity .
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Sick 1cm Optjgn
All sick leave acaued by pcmaneDt employees prior to Jamwy 1, 1980 sbt .ii vest
with the employee, and may be med in the following lll&DIM!r: •
A. After the 120 days as descnbed above. have been used, unless the employee
is entitled for retirement as a result f disability.
B. Bv cashing in all accrued sick leave accumulated under the previo\15 pl..n upon
normal retirement from the City at the rate 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 City.
C. By cashing in accrued sick leave under the previo115 plan, once each year at
the conversion rate of four (4) hours sick leave for one (1) hour pay, not Ill exceed a
conversion of more than 40(i homs each year.
Re pooin& of Tompo rarv Pisabilil.Y
The employee or a 111ember of the employe es household shall notify the employee's
supervisor prior 10 the employee's scheduled reporting time. No temporary disability leave
will be granted to an employee who fulls to notify their supervisor prior to the beginning ot
the employ,:e's wmk schedule.
Verification of Djsabili\Y
If the Deparunent Director or immediate designee requires a physician's statement
verifying temporary disability, the City shall bear the cost for such physician's statement. •
Abuse of Temporary Pisabili!Y
Abuse of temporary disability occurs when an employee misrepresents the actual
reason for requesting temporary disability or when an employee uses temporary disability
leave for UDauthorized purposes. An employee who makes a false claim for temporary
disability leave shall be subject to di~plinary action or dismissal.
ARTICLE 14. ON-TiiE-JOB INJURY -DISABilJTY
A For any on-the-job injury which car.~ an employee to be absent from work
as a result of such injury, the City shall pay to s1 1ch employee bis full wages from the first
day of lili, absence from work up to and includiJ1g the 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 rec,uire any employee on injury or disability
leave to submit to an examination(s) by City-appointed physician(s) at the City's expense or
under tbe provision of workmen's compensation. The employee will not be charged sick
leave for disability under this Article.
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B. All injuries that OCQll' durins worldDa hours sball be reported to the
employee's supmisor within 24 houn of the injuiy or before lhc employee leaves their
depanment of employment
ARTICLE 15. MILITARY LEAVE
A. Any ~rmanent or probationary employee who enlists or is inducted into the
militarv, naval, air or !he anned services of the United States in time of war shall be entitled
to a leave of absence without pay for the duration of ruch war or until honorably discharged,
whichever occurs first, and for one (1) 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 federal law, shall be entitled
to leave of absence from his employment without loss of pay, seniority, status, efficiency
rating, vacation, sick leave or other benefits or all the items when he is engaged with such
org:inization or component in training or active 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 the
expiration of the time herein limited for such leave, unless he is prevented from so returning
by physical or mental disability or other cause not d:1e to bis own fault or is required by
proper authorities to continue in such military servi~ beyo nd the time herein limited for
such leave .
D . Subject to provision A, B and C above. th e City shall provide full pay to an
employee granted militarv leave, less wh c '.ever compensation the employee may have
received by the military for such servi ce .
ARTICLE 16. FUNERAL LEA VE
The Department Head sh all grant leave with pay to an employee to attend the
funeral of a member of the employee's family . The nillllber of days granted shall be
governed by the circumstances of the case, but in no cvc~t shall they exceed five (5) workin g
days . For the purposes of this section "employee's family" shall m.:an the employee's spouse,
or the children, grandchildren, parents, grandparents, brothers aDd sisters of the employee
or the employee's spouse, or the employee's stepparents. stepchildren, stepbrothers 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 DUlY AND WITNESS SERVICE
Leave may be granted to an employee for ser,ing 011 jury duty or IS a witDess in his
official capacity in obedience to a subpoena or direction by legal authority. He shall be
entitled to the difference between his regular compensation and the fees received for jury
duty or 85 a witness. When he is subpoenaed 85 a witness in private litigation to testify, not
in his official capacity but 85 an individual, the time absent by reasons thereof shall be taken
85 annual leave or leave without pay.
ARTICLE 18. HOUDA YS
A The following days shall be considered official holidays by the City:
1. New Year's Day: January 1.
2. Washington's Birthday: the third Monday in February
3. Memorial Day : the last Monday in May .
4. Independe nce Day: July 4
5. Labo r Day: the first Monday in September.
6. Veteran's Day: Nov~mber 11.
7. Thanksgiving Day: the fourth Thursday in November.
8. Fourth Friday of November following '11lanlcsgiving Day.
9. Christmas Eve : December 24.
10. Christmas Dav: December 25.
II. New Year's Eve: De cember 31.
B. Any em ploye e covered by this Contract who does not perform a_uty scheduled
on the working days or have approved paid leave immedi at ely prior to and following a
holiday shall not rec eive pay for the holid ay unless otherwise authorized by the Department
bead.
C. Eligible employees oth er th an shift work employees at the Wastewater
Treatment Plant shal l rec eive one day's pay or equivalent time off at the discretion of the
department head for each of the holi days on whi ch th ey perform no work. Employee s
,:<;ui.i c<l rn work on an official City holiday shall receive one and one-half (I 1/2) tim es th e
em ployee 's regular ra te of pay fo r all hours actu ally worke d ii. dditio n to the employee 's
regular pay for the holi day or tim e off at the rate of one and one-half ( I 1/2) times the
number of hours actual ly wo rke d at the discre tion of the dep artm en t bead.
D. Wh en one of the fo regoing holidays falls on a Sunday, the following Monday
shall be obs erve d as the legal holiday. When any of the fo regoing holidays fall on a
Saturday, each empl oyee sh all be entitled to a day off fo r such holiday, which day off sball
be sched uled as the City Man ager determines, but no specific day shall be observed as a
holi day for purpose of closing City office s and fo :mior,s.
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ARTlCLE 1'. UNIFORM a.EANING Al+()WANCE
U an employee ia required to )Vear a lllliform, t!Je employee shall wear the lllliform
only as IU1boriz.od by tho department work rulos. The City will continue to provide
uniforms. cleaning and replacements. The City will provide 50% of the a>St of required
work sh.ies up to a muimum of $70 per year except with department head approval. /JI
employees shall maintain a yresentable appearance wbile on duty. The employee is
re6p0mible for any damage to the uniform by negligence or dehberate act.
ARTICLE 20. TIJITION REFUND
Upon recommendation of the depanment be •d and after prior approval of the City
Manager, t1Je City of Englewood may reimburse en., '.oyees covered by this Contract upon
successful c 1mpl~tion of an approved course or courses in education or vocational training
at the 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 scmce to the
City. This shall include all tuition, and required textS .
ART 'CLE 2L LIFE INSURANCE
A S30,000 Term Life Insurance will be provided by the Ci ty for empluyees who have
completed one ( 1) year of continuous employment with the City. A conversion privilege
upon retiremem of 50% coverage payable by the emp loyee will be made availab 1.e by the
• City for said retired employee .
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ARTICLE 22. DENTAL INSURANCE
For the term of this Contract, the City shall pay 85 % and the employee shall pay
\5 % of the pr emi um cost for the City Dental Insurance Plan or other plan which may be
,el ec te d by the Ci ty as a sub stitute for the City Dental Plan for each sin gl e and d.ependent
policy holder.
Toe .:bove oene [t shall be allowed only to employe,·s who have completed one (1)
year of co ntin uo us employment with the City.
Any disp ute con ce rning the interpretati on or application of benefits under :he Dental
Plan shall be subject to the di sjlute res olution procedure only. (I t is expressly understoo •J
that this provision is a non-gr ieva ble item under this Contract.)
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il'I'ICLE 23. HEALTII INSURANCE • EMPLC>YEE/F.E".r'.i<E'.ES
A (1) For the term of this Ccntract, the Oty will pay ei&hty-five percent
(115%) per month of the premium cost for liependent and single coverage for the City's self
funded health insurance plan.
(2) For the term of this Contract, employees will pay fifteen percent (15%)
of the monthly premium cost for dependent and single coverage for the City's self funded
health insurance plan.
B. Aily 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-.rigon is a non-grievable item under this Contract.)
C. Retirees prior to January 1, 1980, will be provided health insurance coverage
by the City on a non-participating basis. Toe coverage will coordinate with Medicaid and
Medicare wherever applicable. Retirees after January 1, 1980 will be guaranteed conversion
privileges to the Health Insurance Plan available 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 S50 per month. For retirees after January l, 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 out this provision.
ARTICLE 24. RETIREMENT BENEFITS
The retirement benefits for employees covered by this Contract a.re set forth in Title
III. Chapter 6, Retirement, of the Englewood Muoicipal Cc--l e. The following changes shall
be made January !, 1980.
A. For prior service: 75% of .. i members 6nal average monthly compensation,
multiplied by the number of years of credl,~d prior sen ice.
B. For current service: 15% of final monthly compensation, mul~!Jlied times the
number of yea.rs of credited current service .
ARTICLE 25. LAYOFF
A. Whenever there is lack of wo rk, lack of funds , or under conditions where it
is determined that continued work would be inefficient or nonproductive , requiring
reductions in the number of employees, the appointing authority shall designate the
department and positions in which the layoff is to be made. Upon such determinati ons, the
required numbe r 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
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and quality of service as shown by tbe penomie1 recozds. All other facton beiD& equal.
seniority shall previil.
B. All other factors being equal. employees on layoff shall be recalled in the
order of relative length of service as shown by tbe penonnel records, provided that those
recalled have the dem v,.•trated ability and same qualificatiom to perform the available work
as determined by the City. No new employees shall be hired until all employees on layoff
statu5 desiring to return to work have been recalled. The recall list sball terminate after one
(1) year.
ARTICLE 26. LEA VE OF ABSENCE (wmIOlIT 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 a member of the employee 's family, or to anend Englewood Employees,
Association activities, but shall not be used for the purpose of obtaining employment
elsewhere. I.eave without pay shall not exceed six (6) months of any year but may be
extended upon request for an additional six (6) months . The total leave time ,;hall 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 granted a leave
of absence , may particip ate in life , dental and health insurance programs under Arti cle s 21 ,
22, and 23 ;,1 his /her own cxvcnse for the period of the approved leave monthly pre miu ms
must be paid in advance in order to maintain such coverage .
App li c;i ri on for Leave
A request for a le ave of absence without pay shall be submi tt ed in writin g by the
emp loyee to the employee 's department head . The request shall indicate th e reason the
le av e of absence is being requested and the approximate length of leav-: tim e requested .
Consideration of Le ave ReQue st
The department bead shall grant or deny leave requests, taking into consideratio n
the r'e partm eot 's work fo rce . work load and the employee 's reque st.
Fail ure to Rerum
U an em ployee fails to return by the date of k$c expiration, the employee shall be
considered to hav e vol untarily re signe d from the se:vic e of the Ci ty .
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All'DCLZ Z7. GRIEVANCE PROCEDURE
A pi9v. mce ii defined u a c:laim or dispute by an employee covered by the terms
of this Comrlct concemills an alleged violalioa of a specific provision of this Contract.
The employee shall be required to follow the procedure u set out below:
A pneral griev&DCC is defined as a pieftnce !hat concerns a group of employees or
the barpi.oing unit in aencral. A general snevance can only be filed by the Association
within the time frame specified in Step 1, and the initial review will occur by the depanmcnt
head at Step 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 his/her immediate supervisor within five (5) working days of the date ,,f the
occurrence of the grievance, or the employee 's knowledge of it, the employee may, within
the succeeding five (5) work days, file a written grievance with his/her supervisor. The
supervisor shall attemp t to adjust the matter and shall respond in writing to the employee
within five (5) work day s.
Step 2.
Ii the answer is not satisfactory, the matter shall be presented in writing by the •
employee to the d~partment 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 emplc.yee to the
City Manager in writi".g within five (5) work days fol'owing receipt of the response of the
deparunent bead . The City Manager or bis /her designated bearing 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 hearing officer will
issue a written decision .
Step 4.
I. If the grievance is still unresol ved. the Association within founeen ( 14)
calendar days after the reply of the City Manager or bis /her d¢signated hearing officer, may
by written notice request the matter be submitted to arbitration . The parties will attempt
to choose a mutually agreeable arbitrator. If wit.bin five days of the reque st for arbitration
the Association and the City cannot murually agree on an impartial arbitrator, a request will
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bll llecl wtdl die Americaa ArbilnllaD Aeooialioa 4ar a paml ol .... ~ IO be
-ID the panies. 1be arllicruar lllall be aeleclsd bJ a__,. al alllllnatiw mildq of
mmes Crom the panel, with tbe 8m suib dotormiued 117 a caiD flip. 'Ibo llDal name left
Oil tbe panel shall be the arbitmor. The arbitrator shall be requested to issue a decision
witbin thirty (30) days afler condDsion of testimony 1111d 11J111DC111.
2. Each party shall be responsible for compensation to its own representatives and
witnesses. Toe fees of the arbitn.U>r shall be borne equally 117 the Associati0111111d the City.
3. If either party desires a vubatim record of the ~ it may cause such
a record o be made, provided it pays for the record and makes a copy available to the
arbitrator. If the other party wishes to h11ve a copy of the tramaipt it shall share all costs
for the transaipL
4. Aothority or Arbitrator.
Toe arbitrator shall have uo power to atld to or subtract from or change the terms
of this Contract. Toe written decision of the arbitrator shall be final and binding upon the
parties. Toe arbitrator shall limit his decision strktly to the grievance submitted which has
been properly processed through the grievance pr0<:edure outlined.
5. Failure by an employee or the Association to comply with any time limitation shall
constitute a settlement of the grievance. Should the empl~r not respond within the
prescribed time. the grievance will automatically proceed to the next step. At the
employee's o ption. the employer may be allowed additional time to respond.
Gr;tmnc;e Option
It is agreed that should the appeal procedure as provided under 138:3 of the City
Chaner or applicable City ordinance is utilized, recourse to the grievance procedure
included in this Anicle shall be waived.
Processine Grievance Durlnz Woriting Hou,s
Grievances may be investigated and processed by the employee or designated
employee representative during working hours, within reasonable time limits, without toss
of pay, provided notice is given and the work load permits.
ARTICLE 28. LETfER OF CORRECTIVE ACITON
Written Corrective Action
A. When the s11pervisor determines that a written corrective action is appropriate
and necessary. tbe corrective action shall be addressed to the employee and sball include
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die violalioll; die tpeCiflc llella9lar 111d die dates al die behavior (wllm appropriate) that
1apport die dlllrp; tbe Wlnlml dial comim,._ al tbil bebavior will remit in dilciplinary
action; and an offer of llllislaDce ID comcdna tbe beb&Ylor.
B. A signed copy of ~ correclift action by the supervisor shall be included in
the employee's official penonnel file in the Employee Relations office, and the employee
shall have the opponunity to submit written commems in respome to the corrective action
to be iDcluded in the file. After a period of one (1) year from the date of the filiDg of the
written corrective action, the supervisor shall review said letter and provide a follow-up
letter indicating the starus of the written corrective action.
C. If the corrective actions was for ww:ceptable behavior such as absenteeism,
tardiness, or rules violations and no similar violations were comm.'tted by the employee
during the following one (1) 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 (1) year period and that the corrective action has been removed from the
employee's personnel file.
D. Toe employee retains the right through the Association to an administrative
review of the wri len corrective acuon. A request for such review must be filed with the
Director or Administrative Services within ten (10) working days of receipt of the letter of
corrective action by the employee. An Administrative Review Board consisting of two (2)
representatives of the City appointed by the Director of Administrative Services and two (2)
representatives of the Association appointed by the Association President shall make up th~
Administrative Review Board. Toe Director and the Association President will consider
members of the Team for Quality Work Environment for appointment to the Board. This
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Board shall be advisory to the Department Director, and its written findings shall be •
forwarded to the employee, the Association, the Department Director, and placed in the
employee's personnel file. Upon receipt of the Board's findings, the Department 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 this response shall be forward ~d to the
employee. the Association, the Board, and a copy shall be placed in the employee's
personne i file. This Anicle shall not be grievable under this Contract.
ARTICLE 29 . DUES DEDUCTION
A. Toe City agrees to deduct the Engl ewood Employees Association dues each
pay period from the pay of those employees who individually request in writing that such
deducLons be made, su!Jject to the garnishment laws of the State of Colorado. Toe amounts
to be deducted shall be cenified to the City Finance Director by the Treasurer of th e
Association, and the aggregate deductions of all employees shall be remitted together with
an itemized statement to the Treasurer by the 15th of th e succeeding :nonth, aft~r such
deductions are made . The authorization shall be revocabl e during the term of the contract,
upo n a thirry-day (30) written notice by the employee to the City Finance Director.
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B. If no waps are paid an aulllorized employee on lbe Jut pay period of a pen
pay period. deduction far tlw pay period~ be made from q ... wbldl may be paid
ID him/her on the Mil mc:ceedlna fiDal momhly Cty pay period. It ii apressly Wlderstol.ld
that the City assumes no liability and shall not be liable for the CDlleaion or payment tt' the
Englewood Employees Association of any dues during any time that an employee is not
actually working for the City and actually on the payroll of the City. In the event of error
on the check-off list, the City will not be nlSpOIISlble to make adjustments, until notified by
the Treasurer of the E.nglewood Employees Association.
C. Toe Englewood Employees Association shall indemnify and bold the City
harmless against any and all claims, suits, ordcn, or judgment& brought or is&ued against the
City as a result of any action :a.ken or not taken by the City under the provision of this
Article.
D. Changes in be dues amount to be deducted shall be limited to two (2)
changes each year, providing a thirty (30) day written notice is provided 10 the City Finance
Director .
E. Should the change in the deduction amount or method require a computer
programming change, the Englewood Employees Association shall be responsible for the
cost of such change or changes, at 530 per hour with 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. ASSOCIATION ACITVITIES
The City agrees that during working hours on the City premises and without loss 1,f
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
Associat:on membersb.ips during employee's non-work time; and represent employees on
grievances and negotiations.
One (1) employee representative from th~ Utilities Department and one (1)
employee representative from the Wastewater Treatment Plant will be allowed one (1) hour
time off from work with pay each month to attend monthly association meetings.
ARTICLE 31. STAJ.'o/DBY PAY
All employees covered by this Conuact and assigned standby duty shall be
compensated at a rate equal to eight (8) hours at bis /her regular rate of pay fo r one week
of standby duty .
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Amcut lZ. CALL BACK
AIJ'f time ID miployee on off-datJ stallll Is callild bllct b> wort be/lhe shall 'oe
a-edited wi1h a millimmD of two (2) boun pay at the rate of one -i cx.•balf (1 1/2) limes
bis/her regular boarly rate.
AlmCI..E 33. EXO.USIVE1'cSS OF CONTRACT
The City and the Association agree that the terms and provisions herein contained
constitute the entire Contract between the parties. The City and the Association agree that
all negotiable items bave been dlsc:ussed during the negotiations leading to this Contract
and, therefore, agree that negotiatiom will not be reopened on any item during the life of
this Contract, except by mutual agreement of the parties.
IN WITNESS TIIEREOF, the parties have caused this Contract to be signed by their
respective representatives, and their signatures placed thereon, on this ____ day of
--------~ 1996 at Englewood, Colorado.
ENGLEWOOD EMPLOYEES
ASSOCIATION, AFSCME LOCAL #303 CTIY OF ENGLEWOOD
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Mayor
ATrEST:
City Clerk
City Manager
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COUNCIL COMMI\JNICA T~ON
Date Agenda Item Subject
September 3,1996 Collective Bargaining
Conlnd Betwffll the City
10 a iv and the EEA for 1997 and
1998
Initiated By Staff Source
Department of Administrative Services Martin Semple, Attorney al law
Semple&: Jackson, P.C.
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The previous Collective Bargaining Contract with the Englewood Employees Association was
approved by Council for 1995 and 1996.
RECOMMENDED ACTION
Staff requests Council approval of the Collective Bargaining Agreement between the
Englewood Employees Association and the City of Englewood for 1997 and 1998. The contract
cove rs approximately 195 employees.
BACKGROUND, ANALYSIS, AND Al TERNA TIVES IDENTIFIED
Th e City of Englewood and the Englewood Employees Association entered into nego tiations
in May of 1996 in acc ordance wi th the City of Englewood Chart er. The members of the
Englewood Employees Association d uly ratifi ed, by a m ajority vo te , the tentative Collective
Bargaining Agreem ent.
Signi ficant changes to the con tra ct include the foll ow ing :
1. Under Article 9, p age 5, employees covered by the Contract will receiYe a three and three-
tenths percent (3 .3%) increase on the 1996 base wage rate effective January 1, 199 7. Sa lary
for I 998 will be negotiated in 1997 .
2. Under Article 19, page 13, the annual maximum reimbursement for work shoes was
i'lCreased from $65 to $75 .
3. Under Article 23, page 14, the monthly retiree insurance reimbursement will increase from
$50 to $75 for those retiring after January 1, 1997.
4. Under Article 27, page 16, the grievance procedure was modified to provide for a neutral
arbitrator instead of the Career Service Board which was eliminated through the Charter
Amendment.
5. The provision regarding retiree insurance was changed in accordance with Council's
directive.
FINANCIAL IMPACT
The impact of the inr.ease (item 1) on wages, and benefits impacted by wa,~es, is
approximately $247,000 for 1997. The cost of the increase in the work sh oe reimbursement is
expected to be less than $1,C00 . The increase in the retirement health insurance is not k..,own
at this lime since it is dependent on the number who retire on or after January 1, 1997.
LIST OF ATTACHMENTS
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