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HomeMy WebLinkAbout1994 Resolution No. 090• • RESOLUTION NO . ljg_ SERIES OF 1994 A RESOLUTION APPROVING THE COi.LECTIVE BARGAINING CONTRACT BETWEEN THE ENGLEWOOD EMPLOYEES ASSOCIATION AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF JANUARY 1, 1995 THROUGH DECEMBER 31, 1996. WHEREAS, the pr. -i ou s Collective Bargaining Contract with the Englewood Employees Association was effectiv. ,'rom January 1, 1993 through December 31, 1994: Md WHEREAS, the City of Englewood and the Englewood Employee, Auociation entered int.o negotiations in May, 1994 in accordance with the Englewood City Home Rule Charter and a tentative agreement was negotiated; and WHEREAS, the members of the Englewood Employees As■ociation duly ratified, by a majority of the members, the t.entative Collective Bari:aining Agreement; and WHEREAS , there were no gjgnificant changes t.o the contract from the previous contract other than a change in the rate of wage increases. The wage increase for 1995 will be a 2.25% percent increase on the 1994 base waee rate effective January 1, 1995 and an additional 1.25% increase on the 1994 base wage rat, effective July 1, 1995 ; and WHEREAS, solary for 1996 will be negotiated in 1995; and WHEREAS, if necessary, ~ealth benefits will be negotiated in 1995 for 1996; NOW, THEREFORE, BE rr RESl)LVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, TH.A,': ~-The Cil ,v Council of the City of Englewood, Colorado hereby approves the Collec ive Bargainin1 · Contract between the Englewood Employees Association and the City of Englewood for the period of January 1, 1995 through December 31, 1996. S&i:1ilm..2. The Mayor and the Ci'y Clerk are hereby authorized t.o sign and attest the Collective Bargaini·ng Contract between the Engl ewood Employees Association for the period of ,lanuary 1, 1995 through December 3 1, 1996, for the City of Englewood, Colorado. ADOPI'ED AND APPROVED this 19th day of December, 1994. Thomas J . &ms, Mayor CO!l'l'RACT B!TDE!I '1'D CITY OP PGLEWOOD um '1'D DGLBWOOD BMPLOYEBS .UBOCIATIOll J'.OR TU YEAllS 1995 AND 199' ·_::···+ -~ ·.~ ;. -1~~~ .- -~~i!-~•: --r - ~ / • • • • COUNCIL COMMUNICATION Date December 19, 1994 Initiated By Ager,da Item 15C~ Department of Administrative Services Subject . Collective Bargaining Contract Between the Qty and the EEA for 1995 and 1996 -Staff Source Randle L Buthlome, Director of Administrative Services COUNOL GOAL AND PREVIOUS C0UNOL ACTION The previous Collective Bargaining Contract with the Englewood Employees Association • was approved by Council for 1993 and 1994 . RECOMMENDED ACTION Staff requests Council approval of the Collective Bargaininb Agreement between the Englewood Employees Association and the City of Englewood for 1995 and 996 . BACKGROUl','D, ANALYSIS, AND ALTERNATIVES IDENTiffiD The Ci ty of Englewood and the Englewood Employees Association entered into negotiati ons in May of 1994 in accordance with the City of Englewood Charter. The members of the Englewood Employees Association duly ratified, by a majority of the members, the tentative Collective Bargaining Agreement.···· There were no significant changes to the contract, except in. the area of wages. Under Article 9, page 5, employees covered by the Contract will receive a two and one-quarter percent (2 .25 %) increase on the 1994 base wage rate effective January 1, 1995 llld an additional one and one-quarter percent (1 .25%) increase on the 1994 base wage rate effective July 1, 1995 . Salary for 1996 will be negotiated in 1995. FINANCIAL IMPACT The Imp act on wages an benefits impacted by wages Is approximately $191,000 for 1995. UST OFAlTACHMENTs •• • •• • • Thi• reproduction ot the 1995 and 1996 Contract has be•~ ~repared by the City Administration tor cliatribution to all covered non- .. ergency employees and Cit y deputmenta ao that everyone will be aware ot th• right• and benetits contdned herein • ARTICLE 1 ARTICLE 2 ARTICLE 3 ARTICLE 4 AR , CLE 5 ARTICLE 6 ARTICLE 7 ARTICLE 8 A.'tTICLE 9 ARTICLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 A."l.TICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE 20 ARTICLE 21 ARTICLE 22 ARTICLE 23 INTRODUCTION DURATION OF CONTRACT :.u:coGNITION EMPLOn:l: RIGHTS HOURS OF WORK OVERTIME WORK ACTING PAY MERIT INCREASES COMPENSATION LONG'EVITY COMPENSATION PROB.l\TIO!IARY EMPLOYEES ANNUAL LEAVE PERSONAL LEAVE DISABILITY -TEMPORARY (NON-JOB RELATED) ON-THE-JOB INJURY -DISABILITY MILITARY LEAVE FU"tlERAL LEA VE JURY DUTY AND WITNESS SERVICE HOLIDAYS UNIFORM CLEANING ALLOWANCE TUITION RE1'UND LIFE INSURANCE DENTAL INSURANCE •• Bil :?. 2 2 3 3 4 4 5 5 5 6 • 7 9 9 11 12 12 13 13 14 14 14 14 • • Di.I ART!C.'LF. 2 4 HEALTH :orstJJWJC!: -EKPLDYD/UTIREES 15 .UTICLE 25 RETIREMENT BENEFITS 15 ARTICLF 2 ;; LAYO!'F 15 ARTICLE 27 LEAVE OF ADSEllCE (WITHOOT PAY) 16 ARTICLE 28 c:l\IEVANCE PROCEDtJRE 17 ARTICLE 29 tzrrER OF CORRE ,:TI:VE ACTl:ON 18 ARTICU: 3(' rnJES DEDUCTION 19 ARTICLE 31 ASSOCIATION ACTivrT!ES 20 ARTICLE 3'. STANDBY PAY 20 ARTICLE 33 CALL '.SACX 20 ARTICLE 34 EXCLUiiIVENESS O!' CONTRACT 21 • • -ii -,· ~--~= . . ,. :~ . ~•:·•y:•-. r ,:~ : . ~ ::· :~~~-~~ ... -;?-. ..: .. CQ!ffl\ACT Bl'l'!IQ TU CITY or l!HGLOQOD aG....l'lll ENGLm,oop EMPLOYEES ASSOCIATION AllTICLI!! 1, Thia Contrac': entered into by the City of Englewood, Colorado , and the Englewood Employees Association has •• its purpose the promotion of harmonious relations between the City ot Englewood and its Employees, a fair and peaceful procedure !or the resolution of differences; the establishment of rates of pay and hours ot work, and other conditions of uployment as sat out in the City Charter. Except where limited by express provisions else where in this Contract, nothing in this Contract shall be construed to re~trict, limit or impair the rights, powers and authority ot the City as granted to it under the laws of the State ot Colorado and the Ci ty's Charter and Mu.."li cipal Code. The rights, powers, and authority i n clude, but are not limited t o, the following : A. B. c. E. r. G. H. I, Determine thr government . e rall mission of the City as a unit of To maintain and improve the efficiency and effectiveness of City operations. To determine the services to be rendered, the operations to be performed, the technology to b~ utilized, or the matters to be budgeted. To determine the overi\ll n ethods, processes, means, job classificati ons or persoMel by which city operations are to be conducted. To direct, su~•rvise, hire, promote, transfer, assign, schedule, retain or lay-of! employees. To suspend, discipline, discharge, or duote for just cause, all full-time permanent classified Blllployees. To relieve employees from duties because ot. lack of work or fund s, or under conditions where the City determines continued work would be inefficient or nonproductive. To take whatev~r other actions may be necessary to c r-.Tf out the wishes of the public not otherwise apeci:!ied herein or limited by a collective bargaining Contract. To take any and all actions to carry out the aission of the City in casaa of emergency. • • • • • • J. Nothinq contained harein ah&ll preclude th• City trom conte=ing with it• -p loy••• tor purposes ot developing polici•• to ettectuate or implement any ot th• above- enumaratad rights. The City retain• th• 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 Departlllent Heads, the Englewood Employees Association will be provided reasonable written noti ce ot the intended change. Th• Enqlewood Employees Association retains the right to grieve any change in practice whic h is in violation with this Contract. ARTICLE 2 . DURJ\TION OP CONTRACT A. This c ontr act will take ettect on January l, 199~ and shall c ont inue in torce to and includi ng December 31, 1 9 96, except that negotiations on salary and health insurr..nce tor 1996 will be held in 1995 in accordance with th• Charter. The City wi ll notity the Union three (3) months pri or to commenc-ant ot negoti ations i t there is a need to negotiate on health i nsurance . B. This Contract, or any part ot it, may be term inated or renegot i a~ed at any time by mutual consent ot both parties . C. It any article or Hction ot this Contract should be hel d invalid by operat ion ot law or any court ot competent jurisdiction, or it compliance with or enforcement o! any arti cle or section should be restrained by such Court, the remainder ot this Contract shall not be a!tacted tharaby and this Contract shall rema:.n in tull tore• and ettact, and the parties ahall promptly meat and negotiate tor the purpou. ot attempting to arrive at a mutually satisfactory replacement for such article or section. . o. The parties agree and understand that provisions relating to employees cover~d by thi s Contract shall in no way displace or modity present or tuture statutory or case law ot the State o f Colorado . E. The parties aclcnowledge that during negotiations which resulted in this Contract, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter appropr i ate tor Contract negotiations and that the understandings and agreements arrived at by the parties after this exercise of that right a:1d opportunity are set torth in the ':ontract. llTICLE 3 . 11.!!COGNITION The City recognizes the Englewood Employees Aaaociation/AFSCME Local f303 as the sol• organization certified by th• Career Service Board ot the City of Englewood as th• exclusive representative tor the public employees within th• fo l lowing bargaining unit: -2 - Included: All tull-ti:ma, cla ■-itied non-uargancy uployHs • ot the City. Excluded: All auparvisory, :managerial, contidential, part- tillla, temporary, aaasonal, and contractual employ•••• atudents, and all employees hired through the us• o·t l'aderal, state or other out.id• tunding sources tor special prcjacts or progrllllll, and all others who :may be determined by th• Board ot career Service Co:m:miaaioner!I prior to or during the lite o:! this Contract as provided under the City Charter. Non:: For legal authority see City Charter 137:1, 137:2 b, c, m, :m 1-6, n, o, and ~37:3. Also see 137:2 (k) re: employee rights of association. ll'!'ICLl!l 4. J:HPLOYEE RIGHTS A tull-time classitied llmployee w~:i is not a contidential employee, a managerial employee, or a supervisor shall have the right: A. To torm, join, support or participate in, or to refrain tr01t formir.g, joining, supporting, or participating in th.e em;;,loyee organization or its lawful activities; and B. Bargain collectively through their certitiad employee representative. c. No e:mpl-:>yee shall be intertered with, raatrained, coerced or discriminated against because of the exercise of th••• rights nor shall the right ot an individual employee ·to disCUJ1e. ..:mployment concerns with the City be infringed upon. )!Qll: For legal authority see Employee Rights of Association 137:2 (k) o f the City Cha::ter. ARTICLE 5, HOURS OP WOU All departments, runctions or sctivities ■hall ~b ■erve ottic• an working hours necessary tor tr , etticient transaction ot their respective services. Such have been determined tor non-emergency employees as follows: A. All employees covered by this Contract shall work at least torty (40) hours per week, or in the case ot ■hi!t work, an average ~f torty (40) hours par week. Th• work week shall consist ot tive (5) eight-hour shifts, or other work schedules as determined by the department head with app·oval ot the City • Manage~. All e:mploye11s shall be achadulad to ,,ork a regular work • schedule and each work schedule shall have a rec,ular starting and quitting time. Should the work schedule b• changed, attectad uployaes will be notified 11s soon as poaaib1', -J - • • • B. EmployeH ■hall be entitled to tvo c::J rHt puioda not to exceed titteen (15) minute■ or one (l) thirty (30) minute re ■t period tor each work ■chedule. Rest periods ■hall be under th ■ control ot the sup ■rvi ■or or d ■partmant head. c. When po ■sible, ■lllploy ■■s who work beyond their regular quitting time into an overti-.e situation ■hall be eligible tor a titt ■en (15) ainute r■■t pe.::iod betor■ they beqin th ■ overtime work. When po ■■ible, additi onal rest periods ■hall b ■ granted under the control o! the ■up ■rvisor or department head similar to r ■st peri ods grant ■d under subparagraph B above. D. Whan necessary, ■lllployees shall be granted a tift ■en (15) minute personal clean-up period prior to the end ot each work schedule . The clean-up puiod ■hall be undu th ■ control ot the supervisor or d ■par.:m ■nt head. E. All employees shall be granted a lune.'l period d1l ring each work schedu le. Whftl\ev ■r possible, th ■ lunch period ■hall be scheduled at the middle of each work schedule. J.RTICL!! 6. OVEJI.TIME WORlt A. For a l l employees covered by this Contract, exc ept as s pecified below, duties parfor.ud over and above the ass i gned work schedule shall be considered overtime. OVertim ■ shal l not be computed nor compensation allotted on previously accrued overtime. B. All persoMel subject to overtime ■hall be compensated for overti me work at the rate of one and one-halt (l-1/2) times the normal pay rate or compensatory tilla ott during normal work hours, computed at the rate of one and one-halt (l-l/2) till■■• The City retains the right to assign overtillle work to any employee qua!if i ed to perform th• work. J.RTICL! 7. ACTING PAY Al l persons in acting positions will be coapensated at the A step of the acting position or 5%, which!tver is greater, as approved by the appointing authority, namely th,t City Manager. The uployee must have wo ~·lced in the position ~or II period ot fifteen (15) consecutive cal•..ndar days before aid employee becoaes eligible for acting position compenHtion. s1·.ch pay will begin after the fifteenth (15th) calendar day ■aid 8.'Jployee ass\lllle ■ the responsibilities of the acting position • -4 - UTICLS I. JIDIT IlfcaDlll'S All .. rit incrauas provided tor the amployH will be considered upon the anuivarsary data and shall not be considered automatic, but rather, baaed upon performance. Said merit increase may be granted or denied to any individual aaployaa upon racollllllandation of the daparcaant haad and with tha approva1 of th• City Manager upon notice to such individua1 amployee. Th• data in which th• merit incraasa is approved shall determine th• new merit anniversary data. llTICLE 9. COIIPDISATIO!I A. Each amployaa in the classified service shall ba paid ~t one of the rates set forth L'l tha pay plan tor th• class in whicJ-1 they ara employed. B. At least tha minul·.m rate of pa1 for a class shall be paid to an employee who is starting his employment with th• City. c. When a regular full-time position not under the clag sified service is brought into the classified s11rVice, the rate of pay of tha incumbent 111ay be set by tha City at tha step closest to his cu..--rant rate in the grade established tor th• claas. In such cases thara will be no reduction in pay. D. A change in anniversary data will result when: (l) The employee is on laava without pay. Tha previous anniversary date shall be adjusted one a ... nth for each twenty-two (22) working days of leave without pay in any twelve (12) month period. ( 2) The employee terminates h '.s ampl0Yl4ent and later is reemployed. The new anniversary date shall be determined by his new employment date. (3) When it is determined that tha employee 111e~'its an increase, the date of the increase will determine the new anniversary date. E. Employees of th• City of Englewood ;,:apruentad by the Englewood Employees Assoc i ation and covered by this Contract shall receive a two and one-quarter percent (2.25t) increase on the 1994 basa wage rate affective January 1, 1995 and an additional one and one-quarter percent (l.25t) increase on the 1994 bas• wage rata affectiv e July l, 1995 . Salary tor 1996 will be negotiated in 995. ARTICLE 10. LONGEV!TY COMPEN/lATION In addition to an employee$ 111ont.hiy salary, the employee shall -5 - • • • •· • • be eliqible tor lonqevity compens ation based up on the nwnber of yean of continuous ■-rvice with the City and shall be derived from the follovi..~g echedule. Tear• of •vnc• 0-4 10-14 1 5-19 20 or more amount ot comp•n ■ation None $12 per month tor $144 pP.r year, except tor those employees who have not completed 6 full years of conti nuous servi ce on December l of any year, which employees shall receive an amount equal to $12 for each full month of completed continuous service after completi on of 5 years of continuous service up to December l . $24 per mon t!l for $288 per year, except for those emp l oyees wh o have not completed ll full years of continuous service on December l of any year, which amployees shall receive $144 plus an amount equal to $12 for each full month of completed continuous servi ce after completion of 10 years of continuous servi ce up to December 1 . $36 per month for $432 per year, except for tho•~ employees who have not completed 16 full year■ of continuous service on December l of any year, which employee shall receive $288 plus an uount equal to $12 for each full •onth of COIDPleted continuous servi ce after completion of 15 years of service up to De c ember 1. $48 per month for $576 per year, except tor those employees who have not completed 21 full years of continuous servi ce on December l of any year, which employee shall receiv a $432 plust an amount equal to $12 for each full month of completed continuous servi ce after completion of 20 years of continuous servi ce up to December l. Effecti ve January l, 198 4 , and thereafter , all new hires shall not be eligible for longevity compensa tion as provided for under this Article. UTICLll 11. PROBATIONARY EMPLOYEES The prob ationary peri od for all newly appointed employees shall be twelve (12 ) months from the date of hire. After completion of the pr obati onary period, the amployee shall be g i ven ~.rmanent sta tus . -6 - A. A pro•otad City amp],oyaa ■hall racaiva a :ainiawl ot one • step increase in pay and ■•rv• a tvalva (12) &onth probation,u-y pariod in the naw position; provided, however, that attar hav:uig ■atistactorily ■arvad in sairl new po ■ition tor a pariod ot .,t laa ■t ■ix (6) months, the head ot th• departmant to which the uployae was promoted may recommend permanent status in th• new po ■!. tion tor the amployH prior to tha expiration ot tha twalva (l:.!) month period. Any substantial time served in an acting capacity by the employee will be taken into consideration by the department head when recommending the length ot the probationary period to the appointing authority . Should the appointing authority approve permanent status tor the amployae prior to the expiration of the twelve (12) month probationary period, tha oployaa shall be con ■iderad to have p11rmanent status. Open attaining 1?armanant status in the new pc~ition, the amployaa shall raca:ve & one step increase in pay; provided, hcwavar, that the additional step is available in the new grade. B. Any permanent employee in the classified ■ervica upon being promoted to a new position in the Career service System shall have probationary ■tatus as sat out above in any position to which he was promoted, but shall retain permanent status in h i s previous classification and may transfer back or ba returned to that previous position at any time during the probationary period at the discretion of the appointing authority. c. Employees rebirad as provided under the provisions ot the City'■ administrative procedures with lus than one (1) year of separation from the City ■hall ba ■ubject to a probationary period . Tha department head with the approval of the appointing authority may modify or waive the probationary period. filll'.11: For legal authority sea 3-lE-l ot the City Code. ARTICLE 12. Al1Nt1AL LEAVE A. Emp loyees hired prior to January 1, 1984, and covered by this Contract shall accumulate annual leave each pay period at the rate of 4.62 hours par pay period ot active ■ervica. Annual leave ■hall not be granted to any employee until attar completion of twelve (12) month ■ consecutive service with the City unless otherwise authorized by the department bead. In order to quality for annual leave credit during the pay period, the employee must have worked for at least one-hal! (1/2) of the working days of that pay period excluding authorized paid leave. For those employees having less than ten (10) years continuous service, the maximum accumulation of annual leave shall be thirty (30) days . • B. After ten (10) years of continuous service wi th the City, employees shall accumulate annual leave at the rate of 6.15 hours of annual leave per pay period of active service. In order to • qualif y tor annual leave credit during the ~ay period , the amployaa must have worked tor at least one-half (1/i) of 1:he working days of -7 - • • • that pay period axclucilng authorized paid leave. accW11ulation shall b• 40 clays. The ll&XlllWII c. Employ••• hired after January 1, 1984, and thereafter, covered by t.hu Contract shall accwaulata annual leave each pay period as follows: 2. 3. 0-4 Years 5-9 Years 10+ Years 3.08 Rrs/Pay Period 4.62 Hrs/Pay Period 6.15 Hrs/Pay Period K&Zillua ~ 160 Hrs. 240 Hrs. 320 Hrs. D. AcCUl!!u l ation of annual leave shall neither be authorized nor computed tor any purpose after the maxillWD acCUlllulation has been reached . .ll.U. The schedule tor use of annual leave ■hall be determined by the needs of the Department. Annual leave ■hall be taken at the time conveni=t to and approve.;. by th• Departlllent Head or Supervisor. However, tha City will :make reasonable effort■ to accommodate the request of an &lllployee to use annual leave where a ~enuine U1ergancy situation exists. annual L11v1 11x The rate of annual leave pay ■hall be the employee's regular straight time hourly rate of pay for tbe &lllployee' s regular job and charged on a working hour basis, excluding holidays and regular ~ays off. Annual leave shall be allowed only to the total hourly amount acCUlllulated at the beginning of the leave, as verified by the department bead. Employees :may reccdve their annual leave pay no earlier than three (3) days prior to the start of their annual leave, provided the employees :make a written request to theii:- supervisor fifteen (15) calendar days prior to the start of theJ.r annual leave. work puring Annual Leave If after the employee bas begun bisjher annual leave and the city requires the employee to work during the scheduled NU\Ual leave period, the Ulployee shall not he charged with vacation ti.ma for the number of hours worked. Hov Charged Annual leave for U1ployees shall be charged on a work-day basis excluding regular days o ff. -8 - annual t1av1 Pay t7pon f•paration Any employee who is separated tro,-. th• service ot the City, i.e., retirement, termination or layott, shall be conipan ■ated tor t.he unused annual leave time acc:umulated at the time ot separation, ARTICLE 13. PERSONAL LEAVE Ettective January l, 1988, all employees covered by this Contract shall be granted 48 hours ot personal leave time with pay which an employee is entitled to use tor the following purposes: A, Time lost as a result ot illness/injury to the employee or the employee's immed i ate family. B. Attend personal business. C. Leisure time. For any employee who has not used tLe 48 t,ours ot personal leave time ending November 3 O ot each year o r an:• portion tharaot, • the City will compensate said employee tor t he unused time at the employees regular wage rate to be paid durug the month of December of that year. Personal leave time shall not exceed 48 hours nor shall it be accumulated or carded over from one year to the next. • Personal leave shall ba scheduled and administered under the direction ot the departsent head or supervisor. In the avant of illness/injury in which personal leave is requested, shitt work employees shall notify their supervisor at least one (1) hour prior to their scheduled reporting time, all other employees shall report at the beginning of their scheduled report time. Personal leave shall be prorated for employees begiMing and terminating uployment with the City during the calendar year. ART:CLE 14. DISABILITY -Tl!:Ml'OllARY (HON-JOB RELATED) Definition Temporary d i sability is leave granted c oMected injury or illness of an employee prev ents the employee from performing his/her employee. Provision tor non-service which disability duties as a City For employees hired prior to January l, 1984, the City agrees to provide temporary disability leave with F'Y 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 disab ility. For employees hired prior to January l, 198~, temporary disability leave shall not be accumulative except that on January -9 - • • • • 1 of each year the C!.ty sha1). nstor• 1001 ot th• number ot days uaed by an employ•• during the preceding year up to a aaxillum ot 347 working hours. For uploye•s hired ~!ter January 1, 1984, and thereafter, and cover•d by the terms o! ti':!is Contract, the city aqr••• to provide said employ••• tlllllporary disability leave with pay tor employees absent as a result of i l ln~~s/injury as follows: 0-4 years 5-9 years 10+ years 347 working hours 520 working hour• 693 working hours For employee£ hir•d attar January l, 1984, and theraafter, temporary disability leave shall not be acCUllulative except that on January 1 cf each year the Ci ty shall restore l00t ot the number of days used by an employee during the prec•ding year as follows: 0-4 years up to a m&Xll!Ulll ot 173 working hours 5-9 years up to a maxilllum ot 260 working hours 10+ years up to a lllaXilllum or 347 working hours !ZUUHtiS!ll A. Authorization tor tuporary disability leave with pay shall only be granted after the first eight hours of disability. B. Authcrization tor temporary disability shall only be granted for the following reasons: l, Personal il:nas~ or injury not service coMected, including 1U1ternity. Sic:Jt Leave ~.n All 11ick leave accrued by permanent employees prior to January l, 1980 shall vest with the enployea, and may be used in the following m&Mer: A, After the 120 days as described aboVb, have been used, unless the employee is entitled tor retirement as a result of disability . B. By cashing in all accrued sick leave acCUJllulated under the previous plan upon normal retirement from the City at the -ra te o! one hour's pay tor each two hours of accrued sick leave or. one hour's pay tor eac,1 four hours upon 11eparation from tha City . -10 - c. By cashing in accrued sick leave under the previous plan, • one• each year at the conversion rata ct tour (4) hours sick leave tor one (1) hour pay, not to exceed a conversion ct more than 400 hours each year. Reporting or Temporary pisabilJ.n Th e amployaa or a maml:>ar <1t th• aaployee' s household shall notity the employee'■ supervisor prior to the employee's scheduled reporting ti.me. No tl'JDJlorary dislti:lility leave will be granted to an employee who taL to notity their supervisor prior t;o the beginning of the employ••'• ~ork schedule. verirication or Disability It shall be the responsibility ot the department head or ■uparv i sor to deteniin• the validity ot eligibility ot the temporar: disability. His signature on the leave request torm noting t_mporary disability entitlement shall indicate such det•=i nati on. An attending physician's statement will not be necessary except whan required by th• Department Head or immediate desiqnee , Muse o! Temporary Disability Abuse ot temporary disability occurs when an employee • misrepresents the actual reason tor requesting temporary disability or when an employee uses tamporary disability leave tor unauthorized purposes. An uployee who ll&ku a talsa claim tor temporary disability leave shall be subject to disciplinary action or dismi ssal. ARTICLE lS. ON-THE-JOB INJURt -DISABILITY A. For any on-the-job inju:ry which causes an uployee to be absent from work as a result ot such injury, the City shall pay to such employee his tull wages from the tirst day ot his absence trom work up to and including the 90th calendar day ot such absence, less whatever sums r ecaivad by the employee as disability benefits under workmen's c ompensation. The City reserves the right to require any emp l oyee on i n j ury or disability leave to submit to an examination(s) by ci.ty-appointed physician(s) at the City's expense or under the provi,:ion ot workman • s compensation. Th• ellploy.ie will noc be charged sick leav e tor disability under this Article. B. All injuries that occur during working hours shall be reported to the emp :oyae's supervisor within 24 hours ot the injury or betore the employee leaves their department ot employment. -11 - • • • ARTICLE 111. MILITJ.RY I.DVB A, Any perman •nt or probationary employee who enlists or is i nducted i nto the military, nav!ll, a l r or th• armed aervi c•• ot the United StatH in time ot war ahall be ent itled to a leave ot absence without pay for th• duration ot auch war or until honorably di ■charged, whichever occurs tira t, and tor one (l) year thereafter. B. Any upl oyH who &b all lie a ••mb•r ot the Na t i onal Guard or any oth e r component ot the mi l J.tary torces ot th~. State , now or herea f ter organized or co nst i tutad under the Sta te or federal law , or whc , shall be a member ot the rHerved tore•• ot the United States, now or hereafter organized or con ■tit ut ed under tedaral law, ■hall b• entitled to leave ot e.b ■ence fr c;1 hi ■ employment wi thout loss ot pay, seni ority, atatus, e t tici ancy rating, vacati on ,, i ck leave or other benefits or a l l t h e items wh en he is engaged with such organization or component i n trai ning or active service ordered or authorized by proper authority pursuant to law, wheth er f or State or federal purposes, but not exceeding fifteen (lS) day ■ in any calendar year. such leave ■ha l l be allowed in case the :;squired mil i tary service is ■atis!actorily performed, wh i ch shal l be pr.esumed unless the contrary i s establ i shed. c. Such leave shall not be allowed unles:: the employu returns to his pul:>lic position immediately upon being relieved trom ■uch military ••rvice and not later th.an th• expiration ot the time herein limited tor such leave, unles ■ h• is prevented tro,-1 so returning by physical or .. ntal disability or other cause not due to his own tault or i• required by proper authorities to continue in such military ■arvice beyond the time herein limited tor ■uch leave. D, Subject to p r ovis ion A, !I and C above, the City shall provide f u ll pay to an employ•~ granted military leav .. , less whatever compensation the employee may have received by the military tor such service. ARTICLE 17, J'UNERAL LEAVE The Department Raad shall grant leave with pay to an employee t ~ at tend the tuneral of a member of the employee's family. The number o f days granted shall be governed oy the circumsta nces of the case, but in no event shall they exceed five (5) working days. For the purposes of this section "employee's tamily" shall mean the employee's spouse, or the children , grandchildren, parents, grandparents, brothers and sisters ot the employee or the employee I s spou5e , or the employee's stepparents, stepchildren, stepbrothers and stepsisters. Annual laava may be gra.nted by the • Departme nt Head if additional time of! is deemed appropriate . -12 - UTICL! 11. JURY D'IJTY AND WITNESS S!llVIC! Leave may be granted to an employee tor ••rving on jury duty or a■ a witness in his otticial capacity in otedience t~ a su.bpoena or direction by leg&l authori <;:y. II• ■h1.ll be entitled to the ditterence between hi• regular compen ■ation and the tee ■ received tor jury duty or as a witn•••· When hr, is ■ubpo ■naed IA ■ a witne■• in private litigati011 to test.Hy, not in hia otticial c.:apacity but as an individual, the t.ime ab,tent.. by :ceasona thereat ■hall be taken a ■ annual l,;iave or lesve wit!Jou•,: pay . llTICL! 19. HOLIDAYS A. The tollowing days shall be considered otticial holidays by the City: l. 2. 3 . 4. 5. 6. 7 . a. 9. 10. 11. New Year's Day: January 1. Washingtor.' s Birthday: the tl:ird Monday in February Memorial Day: the last Monday in May . Independence Day: July 4 Labor Day : the tirst Monday in September. Veteran's Day: November 11. Thanksgiving Day: the tourth Thursday in November. Fourth Friday ot November tallowing Thanksgiving Day. Chri ■tlllas Eve: Christmas Day: New Year's Eve: December 24. December 25. December 31. B. Any employee covered by thi• Contract vho doe ■ not pertorm duty scheduled on the working days or have approved paid leave i=ediately prior to and tallowi ng a holiday shall not receive pay tor the holiday unless otherwise authorized by the Department head. c. Eligi.bl.e employees other than shitt work eaployee ■ at the Wastewater Treatment-:':.an shall receive one day's pay or •~ivalent time ott at the di s c retion ot the department head tor each ot the holidays on which clley perform no work. Employees required to work on an official city holiday shall receive one and one-halt (11/2) times the employee's regular rate ot pay tor all hours actually worked in addition to the employee's regular pay tor the holiday or time ott at the rat-e ot one and one-halt (l. 1/2) times the number ot hours actually -..-_rked at the disc retion ot the department head. o. When one ot the forego i ng holidays tall on a Sunday, the following Monday shall be observed as the legal holiday. Whan any ot the toregoing holidays tall on a Saturday, each emplrlyee ahall be entitled to a day ott tor such holiday, which day ott shall be • • ■cheduled as the city Manager det ermines , but no specific day shall • be observed as a ho liday tor p urpose ot closing City otticas and tu.nctions. -1 3 - • • • UTICLJI 2 0 • UHIFOIUI CLZ.IJIDIG u.I.OnNCS If an employee is required to wear a uniform, the uplo~• a ■hall vaar the uniform only a ■ au·thorized by tile department work rule ■. The city will continue to provide uniforma, cleaning and r ■plac.uients. The City will provide SOI of the co ■t ot required work shoes up to a maximlllll ot $65 per year except with department head approval. All employees llhall aaintain r. pres ■ntabla appearance while on duty. The uiployH i ■ r ■sponsu.le tor any duage to the uniform by negligence or deliberate act. TOITION 21. TOITION RffOND Opon recommendation ot the department head and attar prior approval ot the City Manager, the City o! Englewood uy reimburse employees covered by this Co ntract upon ~u.:ecesstul completion ot an approved course or courses in education or v ocational training at the pu.blic institution rate. The course or training must be related to the work and be designed to improve competence in the job, and be ot value to the employee's ■■rvice to the City. This shall include all tuition, and required texts. ARTICLE 22. LIFE DISOllANCE A $30,000 Term Lita Insurance will be provided by the city tor employees who have completed one (1) year ot continuous employment with the City. A conversion privilege upon retirement ot SOI coverage payable by the employee will be :u.de available by the City tor said retired employee. ARTICLE 23. DEllTU. INSORANCE For the term of this contract, the City shall pay 851 and the empl y ee shall pay 1st of the premilllll cost tor the City Dental Insurance Plan or other plan which may be select•d by the City as a su.bstitut ■ tor the City Dental Plan tor each single and dependant policy holder. The above benefit shall be allowed ~nly to employees who have comp l eted one (l) year ot continuous employment with the City. Any dispute concerning the interpretation or application of benefits under the Dental Plan ■hall be subject to the dispute resolution procedure only, (It is expressly ur.d ■rstood that this provision is a non-grievable item under this Contract,) -l4 - ARTICLE 24. BE.AI.TB I:WSORAIICII -IIHPLOYBB/RIT~H A. (1) For tho term ot thi• Contract, the City will pay eighty-tive percent (851) per aont:h or the pruiu.m co ■t tor dependent and eingle coverage tor ':he City'• ••lf tunded health in ■uranc• plan. (2) Por tile term ot thi• Contract, uploy••• will pay t i fteen percent (151) of th• monthly pru.iu.m co ■t for dependent and ■ingl• coverage tor th• City•• ••lt tundad health insurance plan. B, Any dispute concarnino the interpretation or application of benefits provided under the Health In ■uranca Plan shall bt1 subject to th• dispute resolution procedure only . (It is axprasslf understood that this provision is a non-grievable itu undar this Contract.) c. Retirees prior to January 1, 1980, will ba provided health insurance coverage by the City on a non-participating basis. The coverage will coordinate with Medicaid and Medicare wherever applicable. Retirees attar January 1, 1980 will be quarantaad conversion privileges to the Health Insurance Plan available through the City. The City will pay 50t of the cost: of coverage o! tha conversion plan up to a maximum of $50 per aon·t::h, ARTICLE 25. RBTIREHElrr BBIIID'ITS The retiruent benefits for employees covered by this Contract are set forth in Title V, Chapter 9, Retirement, of the Englewood Municipal Code. The following changes shall be made January 1, 1980. A. For prior service: . 751 of the members final average monthly compensation, multiplied by the number of year ■ of credited prior service. B, For C".u-rent service: 1,51 of final monthly compensation, multiplied times the ·.,umber of years of credited current service. ARTICLE 26. LAYOFF • • A, Whenever there is lack of work, lack of tunds, or under conditions where it is determined that continued work would be inefficient or nonproductive, requiring reductions in th• number of employees, the appointing authority shall designate the department and positions in which the layoff is to be 111ade. Upon such determinations, the required number of employees in the affected department and position shall be placed on a recall list or transferr .. .i by the appointing . authority, each in order of his • relative length and quality of service as shown by the personnel records. All other factors being equal, seniority ■hall prevail. -15 - • • • 8, All other factors being equal, employees on layoff shall be recalled in the ordmr of relative length of s ervice as shown by th• personnel records, provided that those recalled have the demonstrated ability and same qualifications to perform the availabl e work as determined by the City. No new employ••• shall b• hired until all employees on layoff status desiring to return to work have been recalled. Th• recall list shall terminate after one (1) year. UTICLE 27. LEAVE OF ABSDICE ('li'ITBOOT PAY) !!ligil:lili ty Permanent employees m1ty be granted a leave of absence without pay for reasons of education whic·h are allied to the duties of the Ci ty, settlement of an estate, child care, serious illness of a member of the e mployee's fai:i ily, or to attend Englewood Employees' Assoc i ati on act i vities, but shall not be used for the pu rpose o! obtai ning employment else .1here. Leave without pay shall not exceed s ix (6) months o! a ny year but may be extended upon reque~t for an addi tional six (6) months . The total leave time shall not exceed one year. Upon return from approved leave, the employee will be restored to their fo=er posi tion if available, or to a comparable posi tion f or which the employee is qualified. During periods of unpaid leave, the employees s h all not continua to accrue service credi t or be el i gible for any City benefits. However, an employee who has been granted a leave o! absence, may participate in life, dent a l and heal th insurance programs under Articles 22, 23, and 24 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. Application for Leave A request for a leave of absence without pay shal l be submitted i n writ i ng by the employee to the employee 's department head. The request shall indicate t h e reason the leave of absence is being requested and the approximate l'!ngth of leave t i me r e quested. consider•tion of Leave Request The departme nt head shall grant or deny leav e requests , taki ng i nt o cons i deration the de partme nt 's work force, work load and the employee's request. failure to Return I f an employee fa i ls to return by the date of leave expirati on, the employee shall be considered to have voluntarily res i gned from the servi ce of the City . -16 - U.TICL! 28. GJlI!VAHC! 1'R0c:mlt1Jl! A grievance is defined as a claim or dispute by an uaployee cov• ~•d by th• term• of thi s Contract concerning an alleged viol, tion of a ■pacific provision of this Contract. The ·,mployee shall be r~quired to follow the procedure as ••tout below. A general grievance i s defined as a gri evance that concern• a group of employees or the bargaining unit in general. A general gri evance can only be filed .by the As s ociation within the time frame specified in Step l, and the initial r eview will occur by the department head at Step 2 below. A, "Work Day" means calendar day ■ exclusive ot Saturdays, Sundays, and City recognized holiday ■, lliLI It the employee ie unable to sett le the grievance or d i spute orally and informally through his/her immediate superJ isor within five (5) working days ot the date ot the occurrence of the grievance, or the employee's knowledge of it, the uaployee may, within the succeeding tiva (5) work days, file a written grievance. with his/her s upervisor. The supervisor shall attempt to adjust the matter and shall r e::pond in writing to the employee within five • (5) work days. • ~ It the answer is not satisfactory, the :matter ■hall be presented in writing by the eployee to the departlnent head within tive (5) work days follow i ng receipt ot the supervisor's response. The department head shall respond in writing to the employee within tive (5) work days . It the grievance still remains unadjusted, it shall be presented by the employee to the City Manager in writing within tive (5) work days following receipt of the response of the depart:n~nt head. The City Manager or his/her designated represen·cative shall respond in writing within tan (10) work days . lliLI I t the grievance is ~ti ll unsettled, the Englewood Employees Assoc i ation or bargaini ng unit employee, within tan (10) work days after the reply of the City Manager or his/her designated representative, may, by written notice, request the matter be heard by the career Service Board. The Career Service Board ■hall be requested to issue a decision within thirty (JO) days after • conclus i on o! testimony and argument. Each party shall be ,. responsible tor compensation to its own representatives and witnesses. Failure by the Englewood Employees Associati on or an -17 - • • • uploy•• to comply with any time limitation ■hall constitute a settlement of th• grisvance. Should the uployer not rHpond within th• prescribed ti.me, the grievance will automatically proceed to th• next step. authority ot career service Board The career Service Board shall have no power to add to or subtract from or change the terms of this Contract. Th• written decision of th• Board ■hall be tinal and binding upon th• parties. Th• Board shall limit its decision strictly to th• grievance submitted, which has been properly processed through the grievance procedure outlined. Gr i evance Option It is agreed that should thP. appeal procedure as provided under 138:4 of the "ity Charter o~ applicable City ordinance is utilized, recourse \ o the grievance procedure included in this Article shall be waived. Pr0c111irg Gri1vanc1 puring working Bour• Grievances may be investigated and processed by the uployee or designated uployee represent~tive during working hours, within reasonable time limits, without lo ■s of pay, provided notice ls given and the work load permits. l!Qllt For legal authority see 3-2-l, 2 and 3-lM-3 ot the City Code. ART:::cLE: 29. LETTER o:r CORRECTIVE ACTION written corryctiv~ ~ A. wt.en the supervisor determines that a written corrective action is appropriate nnd necessary, the corrective action shall be addressed to the employee and shall include the violation; the specific behavior and the dates ot the behavior (when appropriate) that support the charge; the warning that continuance ot thia behavior will result in disciplinary action; and an otter ot assistance in correcting the behavior. B. A signed copy ot the corrective action by the supervisor shall be included in the employee's official personnel file in the Employee Relations O!!ice, and the t111ployee shall have the opportunity to submit written comments in response to the corrective action to be included in th• tile. After a period ot one (1) year from the date ot the tiling ot the written corrective action, the supervisor shall review said letter and provide a follow-up letter indicating the status ot the written corrective action. -18 - c. If th• corrective act.ion• was for unacceptable bahavior • such as absenteeism, tardiness, or n:las violations and no 'silllilar violations were co111J11ittad by the employee during the following one (l) year period, the corrective action shall be replaced with a written statement by the employee's supervisor that no similar viol~tion has occurred during the one (l) year period and that the corrective action has been removed from the employ••'• personnel file. D. The employH l'8tains the right through the Association to an administrative review of the written con-ectiva action. A re- quest for such review must be filed with the Director of Adminis- trative Services within ten (10) working days of• receipt of the latter of corrective action by the employee. An Administrative Review Board consisting of two (2) representatives of th" City appointed by the Director of Administrative Services end two (2) representatives of the Association appointed by the Association Pres i dent shall ma.Jee up the Ad;,i inist:.-ative Review Board. The Director and the Association President will consider members of the '.ream for Quality Work Environment fo,:· appointment to the Board. This Board shall be advisory to the Departmental Director, and its written findings shall be placed in the employee'• personnel file. This Article shall not be gr: wable under this contract. llTICL! 30. DUES DEDUCTION A. Th• City agrees to deduct the Englewood Employees Association dues each pay period from the pay of those employees who individually request in writing that such deductions be made, subject to the garnishment laws of th.i State of Colorado. The amounts to be deducted shall be certified to the City Finance Director by the Treasurer of the Association, and the aggregate deductions of all employees shall be remitted together with en ituized statement to the Treasurer by the 15th of the succeeding month, after such deductions are made. The authorization shall be revocable during the term of the contract, upon a thirty-day (30) written notice by the employee to the City Finance Director. B. If no wages are paid an authorized employee on t~e last pay period of a given pay period, deduction for that pa, ', e :iod will be made from any wages which may be paid to him/he:r . the next succeeding final monthly City pay period. It is e~-pressly under stood that the City assumes 1.::i liability and shall not be liable for the collection or payment to the Englewood Employees .\ssociati on of any dues during any time that an employee is not ~ctually working for the City and actually on the payroll of the c ;ty. In the event of error on the check-~ff list, the City wi ll not be responsible to make adjustments, until notj fied by the Tr,tasurer of the Engl~wood Employoes Ass ociation . -19 ., • • • • c. The Englewood Employees As ■noiation ■hall induanity and hold the City harmless against any and all claims, suits, orders, or judgment ■ brought or iuued against the City aa a result o! any action taken or not taken by the City under the provision o! this Article. D. Changes in the dues lllllount to be deducted ■hall be limited to tvo (2) change ■ each year, providing a thirty (30) day written notice is provided to the City Finance Director. E. Should the change in the deduction lllllount or method require a computer programming change, the Englewood Employees Associaticn shall be responsible tor the cost ot such change or changes, at $30 per hour with a tour(4) hour maxl.ll!Ulll. Payment trom the Englewood Eiuployees Association shall be made to the City Finance Director within ten (10) days ot receipt ot billing. ARTICLE 31. ASSOCIATION ACTIVITIES The City agrees that during working hours on the City premises and without loss of pay, Englewood Employees Association members may be allowed to: attend Englewood Employees Association and/or m:uiagement meetings; post Englewood Employees Association notices on City designated bulletin boards; solicit Englewood Employees Asscciation memberships during employee's non-work time; and represent employees on grievances and negotiations. One (l) employee representative from the Utilities Department and one (1) employee representative from the Wastewater Treatment Plant will be allowed one (l) hour time of! from work with pay each month to attend monthly association meetings. ARTICLE 32. STA.'IIlBY PAY All employees covered by this Contract and assigned standby duty shall be •compensated at a rate equal to eight (8) hours at his/her regular rate of p a y tor ~ne week o! standby duty. ARTICLE 33. CALL BACX Any time an employee on o!!-duty status is called back to work he/she shall be credited with a minimum •~f two (2i hours pay at the rate of one and one-half (l 1/2) times his/her regular hourly rate . -20 - U1'ICLS 34. UCLlJIIVDZH 01' COll'rllC'l' 'l'h• City and tha Aa ■oci&tion ■gre• that the ten■ and provision ■ herein contained con ■titute the entire Contract between the parti••· 'l'h• City and th• All ■ociation agrH that all n ■gotia.bl ■ it ■-have been di ■cu ■■ed during the negotiations leading to thi ■ Contract and, th ■r■for ■, agree that negotiations will not be reopened on any itea during the lit• of this contract, except by mutual agreement of th• parti••· DI 'lrX'l'llESS nmu:or, th• parti•• have cau ■■d thi• Contract to be signed by their respective representatives, and their ■ignatures placed thereon, on this __ day ot _______ 1994 at Englewood, Colorado. CITY OP ENGLEWOOD Mayor City Clark City Manager ENGLE'll'"OD EHPLOU:ES ASSOCIATION AFSCME LOCAL #303 •• • •