HomeMy WebLinkAbout1992 Resolution No. 105RESOLUTION NO /~';
SERIES OF 1992
A RE SOLUT IO N APPROVING THE COLLECTIVE BARGAINING CONTRACT BETWEEN
THE ENGLEWOOD EMPLOYEES ASSOCIATION AND THE CITY OF ENGLEWOOD
FOR THE PERIOD OF JANUARY l, 19 93 THROUGH DECEMBER 31 , 1994
WHEREAS, the previous Collective Bargaining Contract with the Englewood Employees
Association effective time period was January 1, 1991 through December 31, 1992; and
WHEREAS, the City of Englewood and the Englewood !:mployees Association entered
into negotiations in May 1992 in accordance with the Englewood City Home Rul e Charter
and n tentative agreement was negotiated ; and
WHEREAS, the members of the Englewood Employees Association duly ratified, by a
majority of the members, the tentative Collective Bargaining Agreement; and
WHEREAS, there were no significant change, to the contract from the previous contract
other thnn a change in the rate of wage increa ses. The wage increase for 1993 and 1994
will be 3.75 percent each year; and
WHEREAS, approval by the Englewood City Council of the Collective Bargaining Contract
between the Englewood Employees Association and the City of Engle,·•ood fo r the period of
January 1, 1993 through December 31, 1994, is hereby given;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL Oi!' THE CITY OF
ENGLEWOOD, COLORADO , THAT:
~-The City Council of the City of Englewood, Colorado hereby approves the
Collective Bargaining Contract between the Englewood Employees Association and the City
of Englewood for the period of January I, 1993 through December 31, 1994 .
Silli!uL2. The Mayor and the City Clerk are h ereby authorized to sign and attest the
Collective Bargaining Contract between the Englewood Employees Association for the period
of January 1, 1993 through December 31 , 1994, for the City of Englewood, Colorado.
ADOPTED AND APPROVED this 21st day of December, 1992.
AryST: .
L4dt-ta1-r JI a~,----
Pat,ici• H. Crow, City Clerk
I, Patricia H. Crow, City Cle rk fort~~ y ity of Engl ewoo d, Co lorado, hereby certify th e
ab ove is a true copy of Resolution No ./C:J Series of 1992 .
A 4:ltPtd-< vl/1 {~t:(l r
Patricia H. Crow
CONTRACT BETWEEN THE
CITY OF ENGLEWOOD
AND THE
ENGLEWOOD EMPLOYEES ASSOCIATION
FOR THE YEARS
1993 AND 1994
Th i s re p rod uct i on of the 1993 and 19 94 Contract has been prepared
by t he City Administration for distribution to all covered non -
emerg en c y e mp loyees and City departments so that e v eryone will be
a wa re of t he right s and benef i ts contained here in.
f.MI
ARTICLE l INTRODUCTION l
ARTICLE 2 DURATION OF CONTRACT 2
ARTICLE RECOGNITION 2
ARTICLE 4 EMPLOYEE RIGHTS J
ARTICLE 5 HOURS OF WORK J
ARTICLE 6 OVERTIME WORK 4
APTtCLE 7 ACTING PAY 4
ARTICLE 8 MERIT INCREASES 5
ARTICLE 9 COMPENSATION !5
ARTICLE 10 LONGEVITY COMPENSATION 5
ARTICLE 11 PROBATIONARY EMPLOYEES 6
ARTICLE 12 ANNUAL LEAVE 7
ARTICLE 13 PERSONAL LEAVE 9
AR TICLE 14 DISABILITY --TEMPORARY (NON-JCiB RELATED) 9
ARTICLE 15 ON-THE-JOB INJURY -DISABILITY 11
ARTICLE 16 MILITARY LEAVE 12
ARTICLE 17 FUNERAL LEAVE 12
ARTICLE 18 JURY DUTY AND WI TNESS SERVICE 13
ARTICLE 19 HOLIDAYS 13
ARTICLE 20 UNIFORM CLEANING ALLOWAN 'cE 14
ARTI CLE 21 TU ITION REFUND 14
AR TI CLE 2 2 LIFE INS URA.>;CE 1 4
ARTICLE 23 DENT AL INS URANCE 14
lAil
ARTICLE 24 HEALTH INSURANCE -EMPLOYEE/RETIREES 15
ARTICLE 25 RETIREMENT BENEFITS 15
ARTICLE 26 LAYOFF 15
ARTICLE 27 LEAVE OF ABSENCE (WITHOUT PAY) 16
ARTICLE 28 GRIEVANCE PROCEDURE 17
ARTICLE 29 LETTER OF CORRECTIVE ACTION 18
ARTICLE 30 DUES DEDUCTION 19
ARTICLE 3l ASSOCIATION ACTIVITIES 20
ARTICLE 32 STANDBY PAY 20
ARTICLE 33 CALL BACK 20
ARTICLE 34 EXCLUSIVENESS OF CONTRACT 21
CQlm\ACT
BBTWBBN TH! CITY or BNOLEWQQP
BNOLPQQP BMPLQXBBS ASSOCIATION
ARTICLB 1.
This contract entered into by the city of Englewood, Colorado,
and the Englewood Employees Association has as its purpose the
promotion of harmonious relations between the city of Englswood and
it ■ Employees, a fair and peaceful procedure for the resolution of
differences; the establishment of rates of pay and hours of wo r k,
and other conditions of employment as set out i n the City Charter .
Except where limited by express provisions elsewhere in this
Contract, nothing in this Contract shall be construed to restrict,
limit or impair the rights, power ■ and authority of the City aa
granted to it under the law■ of the State of Colorado and the
City' a Charter and Municipal Code. The r i ghta, power ■, and
authority include , but are not limited to, the following:
A. Determine the overall mission of the c i ty aa a unit of
government.
B. To maintain and improve the efficiency and effectivenP.ss
of City operations.
c. To determine the •~rvices to be rendered , the opera tions
to be performed , t he technology to be utilized , or the
matters to be budgete d.
D. To determine the overall methods, processes , means , job
classification ■ or pe r sa onne l by wh i ch city op erat i on s are
to be conducted .
E. To direct, superviae, hire, promote, transfer, assign,
schedule , retain or lay-off employees.
F. To suspend, d i s cipl ine, d i s c harge, or d emote f o r just
cause , a l l f u ll-time r 11rm anent c l a s si f i e d e mploye e s.
G. To r el i e v e e mp l oyees f rom dut i es becaus P. o f lack of wor k
or funds, or und er c ond i t i ons wh e r e t t.e Ci t y determines
continued work would be inefficient or nonproduct i ve .
H. To take wha tever other actions may be necessary to carry
out the wi shes o f the public not otherwise specifie d
he rein o r limited by a c ollective b argaining Co ntract .
I . To t ake a ny and all actions to carry out the mission of
the City in cases of emergency.
J , Nothing contained herein ■hall preclude the City from
conferring with it ■ employees f or purpose ■ of developing
policie ■ to effectuate or implement any o f the above -
enumerated rights .
The Ci ty retains the right to char•ga any past practice which
ia not i n violation with thi ■ contract . In the event a past
practice is sought to be changed by the City Manager or Department
Head ■, the Englewood Employees Association will be provided
reasonable written notice of the intended change. The Englewood
Employees Association retain ■ the right to grieve any change in
practice which is in violation with this Contract.
ARTICLE 2, DIIRATIOW OP CONTRACT
A. Thill c o'ltract will take effect on January 1, 1993 and
shall continua in force to and including December 31, 1994 .
B. Thia Contract, or any part of it, may be terminated or
renegotiated at any time by mutual consent of both partiea.
c . If any article or ■action of this Cort'.:ract should be held
invalid by operation of law or any Court of competent jurisdiction,
or if compliance with or enforcement of any article or section
ahould be reatrained by such Court, the remainder of ·this Contract
shall not be affected thereby and this Contract ■hall remain in
full force and effect, and the parties shall promptly meet and
negotiate f or the purpose of atteapting to arrive a t a mutually
satisfactory replacement for such article or section.
D. The partie ■ agree and understand that provisions relating
to employees covered by this contract shall in no way displace or
modify present or futu,:-e statutory or ca ■• law of the state of
Colorado.
E. The partie ■ acknowledge that during negotiations wh i ch
resulted in this Contract , each had the unl imited right and
opportunity to make demands and proposals with respect to any
subject or matter appropriate for Contract negotiations and that
the understandings and agreements arrived at by the parties after
this exerci se of that right and opp~rtuni ty are set fort h in the
contract .
ARTICLE 3 , RECOGNITION
Th e City recogni zes t he Eng le1o1 ood Employees .>.s sociat ion/AFSCME
Local #303 as the sole organization certif i ed by t he Caree r Service
Board of the Ci ty of Englewood as the exclusive representativ e fo r
t he pu blic e mpl oyees wit hin the f oll owi ng barga i n i ng un it:
Included : All full -tim e , c lass ified non -<'· . .a r gency employees
of t he Ci t y.
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Excluded: All ■upervi ■ory, !l',an11ge ·dal, contidl'lntial, part-
time, temporary, ■ea ■onal, and contractual employ•••• st~1dents, and
ull employees hired through the uae ~t Federal, ■t~t~ or other
ou t side tunding sources tor special projects or programs, and all
others who may be determined by the Board of career service
commissioners prior to or during the lite ot this Contract as
provided under ~he city Charter.
NOTE: For legal authority see City Charter 137:1, 137:2 b, c, m,
m 1-6, n, o, and 137:3. Al ■o see 1)7:2 (k) re: employee rights of
association.
~RTICLI 4. EKPLOYII RIGHTS
A full-time claBBitied employH who is not a confident~al
employee, a managerial employee, or a supervisor shall have the
right:
A. To form, join, support or participate in, or to retrain
trom forming, joining, ■upporting, or participating in the employee
nrganir.ation or ita lawtul activities; and
B. Bargain collectively through their certified employee
representative.
c. No employ•• shall be interfered with, restrained, coerced
or discri111inatad against because of the sxerciee of these rights
nor a :,all the right of an individual employee to discuss employment
conceine with the City be infringed ~pon.
1!Q11.1 For legal authority ■■e Employee Right ■ of Assoc i ation 137:2
(k) of the City Charter.
ARTICLE 5. BOORS OF WORK
All departments, functions or activities shall observe office
and working hours necessary for the efficient transaction of their
respective services. Such have been determined for non-emergency
employees as follows:
A. All employees covered by this Contract shall work at
least forty (40) hours per ~~0 ~. or in the case of shift work, an
average of forty (40) hours per week. The work week shall consist
of five (5) eight-hour shifts, or other work schedules as
determined by the department head with approval 0 f the City
Manager. All e mployees shall be scheduled to work e regular work
schedule and each work schedule shall have a regular starting and
quitting time. Should the work schedule be changed, affected
e mployees wi ll be notified as soon a s poss i ble.
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B. Employ••• ■hall b• entitled to two (,) rest periods not
to e xtJeed fiftHn (15) 11 J.nut-■ or one (l) thirty (30) minute rest
period for each work scl,edule. Rest peri,,ds sha .l l ba under the
control of the aupervi ■cr or department head.
c . When po ■aible .. e11ployaea who work beyond their regular
quitting time into an overtime situation shall be eligible for a
fifteen (15) minute rer,t period before they begin the overtime
work. When poa ■ible , additional rest periods shall be granted
u nder the control of the aupervisor or department head s i milar to
,:e b~ ;,eriod,s granted under subparagraph l! above .
O. When necesaary, employees shall be £ Anted a fifteen (15)
111 .\r.ute personal clean-up period prior to tne end of each work
schedule , The clean-up period shall be under the control of the
supervisor or depart.ment head.
E . All employc,ee shall be granted a lun ch period during each
work schedule, Wh ,,never possible, the lunch period shall be
■cheduled at the middle of each work ■chedule.
ARTICLB 6. OVERTIHB WORK
A, For all employees covered by this contract, except as
specified below, duties performed over and above the assigned work
schedule shall be con ■idered overti•e . overtime ■hall not be
computed nor compensation allotted on previously accrued overtime.
B. All personnel ■ubject to overtime ■hall b• compensated
for overtime work at the rate of one and one-half (1-1/2) times the
normal pay rate or compensatory time off du~ing normal ~ork hours,
computed at the rate of one and one-half (l-1/2) times.
The City retains the right to assign overtime work to any
employee qual.l fied to perform the work.
ARTICLE 7. ACTING PAY
All persons in acting positions will be compensated at the A
step of the acting posit:l on or 5\, whichever is greater , as
approved by the appointing aut.hority, namely the City Manager. The
employee must have worked in the position for a period of fifteen
(15) consecuti ve calendar days before said employee becomes
eligible for acting position compensation. Such pay will begin
a fter the fift~enth (15th) calendar day said employ ee assumes the
responsibi ities of the acting position.
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AJlTICLB I, If.BRIT INCllP.ABH
All merit incr~aae ■ provided fo r the employee will be
considered upon the anniversary date and shall not be considered
automatic, but rather, based upon performance . Said merit increase
may be granted or denied to any indi vid11?1:i employee upon
recommendation of the department head and with th~ approval of the
City Manager upon notice to auch individual employea. The date in
which the merit increase ie approved shall determine the new merit
anniveraary date.
AJlTICLE 9, COMPENSATION
A. Each employee in the clasaif ed ■ervice shall be paid at
one of the rates set forth in the pay plan for the class in which
they are employed.
B, At lenst t'1e minimum rate of pay for a class shall be
paid to an employ~• ho is ■tarting hi• employment with the City.
c. When a regular full-time poaition not under the
claseified aervice is brought into the clasaified ■ervice, the rate
of pay of the incumbent may be ■et by the City at th• step closest
to hi ■ current rate in the grade establi ■hed for the class. In
such case■ there will be no reduction in pay.
D. A change in anniver■ary date will reault when:
(1) The employee i• on laave without pay. The previous
anniveraary date •hall be adju■ted one month for each
twenty-two (22) working days of leave without pay in any
twelve (12) month period.
(2) The employee terminates his employment and later is
reemployed. The new anniversary date shall be determined
by his new employment date.
(3) When it is determined that the employee merits an
increase, the date of the increase will determine the new
anniversary date.
E. Employees of the City of Englewood represented by the
Eng l 7wood Employee s Association and covered by this Contract shall
receive a three and three-quarters percent (3.75\) increaae on the
base wage rat e effective January l, 1993 and an additional three
a nd three-qua rters perc:ent (3 . 75\) inc!'ease effective January l,
1994.
ARTICLE 10, LONGEVITY COMPENSATION
In addition to an empl oy ees mo nthly sa:~ry, the employee shall
be eligible for longev ity c omp e n s a t ion based upon the number of
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year ■ of continuou ■ service with the City and ■hall be derived from
the following schedule.
Yeara of
s,rvio ■
0-4
5-9
10-14
15-.l.9
20 or mc,:cr.,
M1211M of comp1n11tion
Nona
$12 par month for $144 per year, except for those
amployaaa who ha ve not completed 6 full years of
continuous aarvice on December 1 of any year, which
employee s shall receive an amount equal to $12 for
each full month of completed continuous aarvica
after completion o f 5 years of continuous s~rvice
up to December 1,
$24 per month for $288 per year, except for those
employee ■ who have not completed 11 full years of
continuous aarvice on December 1 of any year, which
employees ahall receive $144 plus an amount equal
to $12 for each full month of completed continuous
service after completion of 10 yaara of continuous
service up to December 1.
$36 par aonth for $432 par year, except for thoae
employee ■ who have not coapletad 16 full yaara of
continuoua ■arvica on December 1 of any year, which
emplcyee shall receive $218 plua an amo11nt equal to
$12 for each full month of completed continuous
service after completion of 15 yeara of service up
to December :t.
$48 per month for $576 par year, except for those
employees wt,o have not completed 21 full years of
continuous aervice on December 1 of any year, which
employee aball receive .~432 plua an a111our ,t equal to
$12 for each full month of completed continuous
service after completion of 20 years of continuous
service up to December 1.
Effective January 1, 1984, and thereafter, all new hires shall
not be eligible for longevity compensation as provided for under
this Article.
ARTICLE 11. PROBATIONARY EMPLOYEES
The probationary period for all newly appointed employees
shall be twelve (12) months from t he date of hire . After
completion of the probationary period, the employee shall be given
permanent status.
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A, A promoted City employ•• ■hall receive a minimum ot one
step increase in pay and serve a twelve (12) •onth probationary
period in the new position ; provided , however, that after having
aatiafactorily served in ■aid new posit.' on for a period ot at least
aix (6) months, the head or th• depart me nt to which the employee
was promoted may recommend permanent stBtus in the new position for
the employee prior to the expiration of the twelve ( 12) month
period. Any substantial time served in an acting capacity by the
employee will be taken l nto consid eration by the department head
when recommending th,r; 'engtn of he probationary period to the
appointing authori•,t• ~·t,.,uld the appointing authority approve
permanent status for ~h ~mpl otee prior to the expiration of the
twelve (12) month probationary period, the employee shall be
considered to have perinanent status. Upon attaining permanent
status in the new position, the employee ■hall receive a one step
increase in pay; provided, however, that the additional step is
available in the new grade.
B. Any permanent employee in the claaaitiad service upon
being promoted to a new position in the career Service ~y■tem shall
have probationary status as set out above in any pos ition to which
he was promoted, but ■hall retain permanent status in hi ■ prev l.o·.is
classification and may transfer back or be returned to that
previou ■ position at any time during the probationer/period a t the
discretion of th• appointing authority.
c. Employ••• rehired a ■ provided under the provisions ot the
City'■ admini ■trativ• procedure ■ with lase than one (1) year ot
separation from the City shall be ■ubject to a probationary period.
The department head with the approval of the appoint i ng authority
ma y modify or waive the probationary period,
1!QU1 For legal authority see 3-lE-l of the City Code.
ARTICLE U. ANNOAL LEAVE
A. Employees 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 per pay period of active service. Annual leave
shall not be granted to any employee until atter completion of
twelve (12) months consecutive service with the City unless
otherwise authorized by the department head. In order to qualify
for annual leave credit during the pay period, tha employee must
have worked for at least one-half (l/2 ) of the working days of that
pay period excluding authorized paid leave. For those employees
having le~s than ten (10 ) years continuous service, the maximum
accumulation of annual leave shall be thirty (30) daye.
B. Afte r ten (10) years of continuous service with the City,
employees shall accumulate annual leave at the rate of 6.15 hours
of annual leave per pay period of active serv ice . In order to
qualify for annual leave credit during the pay period, the e mployee
must have wo r ked for at least one-half (l/2) of the working days of
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that pay period excluding authorized pilid leave.
accumulation ahall be 40 daya.
The ~,.-·dmum
c. Employee ■ hired attar January A, 1984, and tharaatte ,
covered by thi ■ Contract shall accumu la :·, annual leave ',d e n pay
period aa follows:
l.
2.
3.
0-4 Year ■
5-9 Years
10+ Years
z. 08 b · s/ Pay Period
4.62 Hrs/Pay Period
6,15 Hrs/Pay Period
JCa:irimum
~
160 Hrs.
240 Hrs.
320 Hrs.
D. Accumulation of annual leave shall neither be authorized
nor computed for any purpoae after th~ maximum accumulation has
been reached.
The schedule for use of annual leave ahall be determined by
the needs of the Department. Annual leave ahell be taken at the
time convenient to and approved by the Department Head or
supervis,,r. ,:owever, the City will aake reaaonr,ble efforts to
accommodate the reques t of an employee to use annual leave where a
genuine emergency sit uation exbta.
Allnual Leavt Pay
The rate of annual leave pay shall be the employee•• regular
s t raight time hourly rate of pay tor the employee•• regular job and
charged on a working hour basis, excluding holidays and regular
days off, Annual leave shall be all,wed only to the total hourly
amount accumulated at the beginning of the leave, as verified by
the department heed, Employees aay receive their annual leave pay
no earlier than three (3) da;,s prior to the start of their annual
leave, prc-vided the employee ■ make a wr i tten request to their
aupervisor fifteen (15) calendar days prior to the start of their
annual leave.
•ork During Annual Leav•
If after the employee has begun his/hei-annual leave and the
City requires the emp:oyee to work during the scheduled annual
leave period, the employee shall not be charged with vacation time
for the number of hours worked.
How Charged
Annual leave for employees shall be charged on a work-day
basis excluding regular days off,
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Annual LtaVt Pay Qp2n ltP 1mm
Any employee who i• .,parated from t h -; service of the City ,
i .e ., retirement , termi nat:.on or layoff , shall be compensate d for
the unused annual leave t i m• acc\llllulat•d at the t i me of separation .
ARTICLE 13, PERSONAL LEAVE
Effective January l, 1988, ~1 1 e :r.ployees covered by this
Contract shall be granted 48 hours of personal leave time wi th pay
which an e mployee is entitled to use for the following purposes:
A. Time lost a ■ a ro ■ult of i llne ■■/injury to the emp l oyee
or the e~~loyee•a immediate family,
B, Attend personal bus inas~.
c . Leisure time .
For any employee who haa not uaed the 48 hours of personal
leave time ending November 30 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 December
of that year , Pareon~l l4av~ ti•• ehall not exceed 48 hours nor
shall ~t be accumulated or c ox·riad over from one year to the next,
Personal leave shall be soheduled and administered under the
direction of the departaent 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 (l) hour prior
to their scheduled reporting time, all other e mployees shall report
at the bsginning of their schsduled report time. Personal leave
shall be prorated for employees beginning and terminating
e mployment with the City during the calendar year.
ARTICLE 14, DISABILITY -TEMPORARY (NON-JOB RELATED)
Definition
Temporary disability is leave granted
connect.ad i njury or illness of an employee
prevents the em ployee from perform i ng his/her
e mployee.
Prov i s i on
for non-service
which d i sability
duties as a Ci ty
For e mployees hired pri or to January 1 , 1984 , the City agrees
to pr ovide temporary d isability leav e with pay fo r employees absent
as a r esult c f illness/in j ury at the rate of l00 t of the employee 's
r e gula r wa ge up t o 69 3 work ing ho urs of disab i lity .
For employee s hired prior t o J a nuary 1 , 1984, temporary
disability l e av e s hall not be acc umulative except that on January
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l ot each yea r i:he ci·~y b l'>!ll ~ , •.a tore l00 t of the number of days A
used by an employee dl1ring '·•· pr Aceding year up to a maximum of W
347 working hours.
For employees hired afte-c-January 1, 1984, and thereafter , and
covered by the terms ot this Contract, the city agrees to pr ovide
aaid employees temporary disability leave with pay for emp l oyees
absent aa a result ot illness/injury a ■ tollowa:
o-4 year•
5-9 years
10+ year•
347 working hours
520 working hours
693 working hou r s
For employaas hired attar January l, 1984, and thereafter,
temporary disability leave shall not be accumulative except that on
January lot each year the City shall restore l00t ot the number of
days ussd by an employee during the preceding year aa follows:
0-4 yeara
5-9 year ■
10+ years
IJtilintion
up to a maximum of 173 working hours
up to a maximum of 260 working hours
up to a maximum of 347 working houra
A. Authorization tor temporary disability leave with pay
shall only be granted after the first 4ay of diaability.
B. Authorization for temporary di ■ability shall only be
granted for the following reason ■:
l. Personal illness or injury not service connected,
including maternity.
Bick Leave option
All sick leave _acrued by permanent empl oyees prior to
January 1, 1980 shell vest with the e mployee, and may be used in
the following mannsr:
A. After the 120 days as described above, have been used,
u:,less the e mp loyee is entitled for retirement as a result of
disability.
B. By cashing in all accrued sick leave accumula ted under
the previous plan up on no~al retirement from the City at the rate
of one hour 's pay for each two hours of accrued sick leave or one
hou r's pay for each four hours upon separation from the City.
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c. By cashi ng in accrued sick leave under the previous plan,
once each year at the conversion rate of four (4) hours sick leave
for ona (l) hour pay, not to exceed a conversion of more than 400
hours each year .
Reporting or Ttfflporary Pi1ability
The employee or a member of the employee's household shall
notify the employee' a ■upervisor prior to the employee's scheduled
reporting time. No temporary disability leave will be granted to
an employee who tail ■ to notify their supervisor prior to the
beginning of the employee's work schedule.
verification of Dieability
It shall be tha responsibility of tha department head or
■upervisor to determine the validity of eligibility of the
temporary disability. His signature on the leave reque.at form
noting temporary disability entitlement shall indicate such
determination. An attend ing physician•• statement will not be
nacaaaary except when required by the Department Head or i111111ediate
daaignaa.
N?v•• or Tomporary Dieability
Abuse of temporary diaability occurs vhan an amployae
misrepra ■ant• tha actual reaaon for requesting temporary disability
or when an employee uaaa temporary disability leave for
unauthor .l.zad purposes. An amployea who makes a false claim for
temporary disability laava shall be subject to disciplinary action
or dismissal.
ARTICLE 15 . ON-THI-JOB INJURY -DISABILITY
A. For any on-the-job injury which causes an employee to be
abse nt from work as a result of such injury, the City shall pay to
such employee hi ■ full wa~es from the first day of his absence from
work up to and including the 90th calenda: day of such absence,
less whatever sums received by the employee as disability benefits
under workmen's compensation. The City reserves the right to
requi~e any employee on injury or disability leave to subm i t to an
examination(&) by City-appointed physician(&) at the City's expense
or under the i rovision of workmen's compensation. The employee
••ill not be charged sick leave for disability under this Article.
B. All injuries that occur during working hours shall be
reported to the employee's supervisor within 24 hours of the injury
or before the employee leaves their department of employment.
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ARTICLE 1,. MILITARY LU.VE
A. Any permanent or probationary employ•• who enli•t• or 1 ■
inducted into the military, nav a l, air or the armed aervioea of the
United states in time of war shall be entitled to a leave nt
absence without pay for the duration of auch war or until honorabl~•
discharged, whichever occurs fir ■t, and tor one (l) ye r
thereafter.
B, Any employee who ahall be a member u f tha National aua r j
or any other component of the military force» of th• State. now or
hereafter organized or conatituted under the ~• ~t• or federal law,
or who shall be a member of the reaervad t ;re•• of the United
States, now or hereafter organized or oonatitutad under federal
law, shall be entitled to leave of abHnc• from hh employment
~ithout loas of pay, aaniority, wtatua, efficiency rating,
vacation, aick leave or other benefit ■ or all the item ■ when he ia
engaged with auch organization or com~onent in training or active
service ordered or authorized by proper authority purauant to law,
whether tor State or federal purpose ■, but not exceeding fifteen
(15) daya in any calendar year. such leave ■hall be allowed in
c a se the required military ••rvic• 1a aatiafactorily perforaad,
which ahall be prea\llled unl••• th• contra~y i• e ■tabli•hed.
c. Such leave shall not be allowed un:esa th• employee
return• to hi ■ public position iuediately upon beinq relieved from -
such military service and not later than th• •xpiration of the time
herein limited for such leave, unl••• he i• prevented from ao
returning by physical or mental diaability or other cauae not due
to his own fault or ia required by proper authorities to continue
in such military ■er.vice beyond the time herein limited tor such
leave .
D. Subject to proviaion A, B end C above, the City •hall
provide full pay to an employee granted military leave, less
whatever compensation th• employee may have rece i ved by the
military for such aervice.
ARTICLE 17. FUNERAL LEAVE
The uepartment Head shall grant leave with pay to an employee
to attend the tuner.al of a member of the employee's family. The
number of days granted ■hall ba govern ■d by the circumstance ■ of
the case, but in no event shall they exceed rive (5) work.ing days.
For the purposes of th i s section "employee's family" shall mean the
employee's spouse, or the children, grandchildren, parents,
grandparents, brothers and s i sters of the employee or the
emplc,yee' s. s pouse, or the employee's stepparents, stepc hildren,
stepbrothers and s t epsisters . Annual leave may be grante d by the
Departm ent Head if addi t i ona l t i me off i s deemed appropriate.
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ARTICLI 18. JORY DUTY AND WITlll!SB S!RVICE
Leave may be granted to an employee for serving on jury duty
or a a a witness in his official capacity in obediencs 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 as a witness. When he is subpoenaed as a witn•••
in private litigation to testify , not in h i s official capacity but
aa an individual, t l:e time ab ■ent by reasons thereof ahall be take n
as annual leave or leave without pay.
ARTICLE 19. HOLIDAYS
A. The following days shal l be considered official holida a
by the City:
l.
2.
3.
4.
5.
6.
7.
8 .
9.
10.
11.
New Year's Day: January l.
Washington's Birthday : the third Monday in February
Memorial Day: the last Monday in May.
Independence Day: July ,!
Labor Day: the first Monday in Sept•mbe r .
Veteran's Day: November 11.
Thanksgiving Day: the fourth Thursday in November.
Fourth Friday of November following Thanksgiving
Day.
Christmas Eve:
Chriat•a• Day:
New Year•• Eve:
December 24.
Decel!lber 25.
Decembu 3 1.
B. Any employee covered by thia Contract who does not
perform duty scheduled on the working daya or have approved paid
leave immediately prior to and following a holiday ahall not
receive pay for the holiday unle ■a otherwi ■e authorized by the
Department head.
c. Eligible employee a other than shift work employees rt the
Wastewater Treatment Plan ■hall rec eive on~ day's pay or equivalent
time off at the discretion of the department head for each of the
holiday s on which they perform no work . Employees required to work
on an official City hol ida sha l l receive one and one-half (1 1/2)
times the employee's regu l ar rate of pay for all hours actually
worked in addition to the employee's regular pay for the h oliday or
time off at the rate of on e a nd one-half (1 1/2) times the number
of hours actual l y worked at the d iscretion of the department head.
D. When one o f the foregoing holidays fall on a Sunday, the
following Monday s hall be observed as the legal holiday. When any
of the foreg oing holiday s f a ll on a Sa t urday , each employee sha l l
b e e nt i tled t o a d ay o ff f or such ho l iday , which day off shall be
schedul e d a s th e City Man ager determine s, ~ut no specif i c d ay s hall
be observed a s a holida y f or purpose o t clos i ng City o ffi ces and
f unc t i on s.
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ARTICLI: 20. ONil'ORK CLllJIINQ ALLOWAIICB
It an employee i11 required to we ar a uniform, the employee
shall we~r the uni t orm only aa authori zed by the department work
rules . Th a City will continue to pr?viGe uniform•, cleaning and
replace~ents. The City will provide ~o, of the coat of required
work shoes up to a maximum ot $65 per year except with department
head approval. All e mployee• •hall 11aintain a preaentable
appearance while on duty . The employee i ~ re u pon ■ible for any
damage to the uniform by negl i 9 e nce ~r deliberate act ,
TUITION 21. TUITION REl'UHD
Upon recolll!D&ndation of the depai·t11e ,,t head and after prior
approval of the City Manager, the City of Englewood 11ay reJmi.,urae
employees cover~d l:,y this Contract upon eucceasful completion of an
approved courae or cour••• in education or vocational t .r .. ining at
the pub. ic in ■titution rate, The courae or training mus L be
related to the work and be deaigned to improve competence in the
job , and be of value to the employee'• aervice to the City. Thia
~hall include all tuition, and required text ■•
ARTICLE 22. Lil'E I SIJRA!ICI
A $30,000 Term Lite Inaurance will be ~rovided by the city for
employees who have completed one (l) year c,f continuou11 employment
with the City. A converaion privilege upo1, retiremen'c of 50\
cover age payabl e by the employ~e will be made e.vailable by the city
for 11aid retired e mployee.
ARTICLE 2 :1. DENTAL INBIJRA!ICE
For the term of this Contract, the City shall pay 85\ an<!. the
employee shall pay 15\ of the premium co11t for the City Der.tal
I"l.::ur1111ce Plan. or other plan which may be selected by the City as
a substitu te f.or the City Dental Plan for eac.h single and depende nt
policy holder.
The above benefi t shall be allowed only to employees who have
completed one (l) year of continuoua omployment wi.th the City.
Any d i spute concerning the interpretation or application of
benefits under the Dental Plan shall be subject to tl:e dispute
re solutio"I procedure only. (It is expressly understood that this
provision i s a non-grievable item und e r t his Contract,)
•. 1 4 -
ARTICLI 24. BIALTB INIURAlfCB -IMPLOYII/RETIRll8
A. (l) For the term of this contract, the City will pay
eighty-five percent (851) per month of the premium cost
for dependent and eingle coverage for the City's self
funded health insurance plan.
(2) For the term of this contract, employees will pay
fifteen percent (151) of the monthly premium coat for
dependent and single coverage for the City's self funded
health insurance plan.
B. Any dispute concerning the interpretation or application
of bene f.its provided under the Health Insurance Plan shall be
subject to the dispute resolution procedure only. (It is expressly
understood that this provision is a non-grievable item under this
Contract.)
c. Reti rees prior t o January 1, 1980, will be provided
health insurance coverage by the city on a non-participating basis.
The coverage will coordinate with Medicaid and Medicare wherever
applicable. Retirees after January l, 1980 will be gue.rantead
conversion privileges to the Health Insurance Plan dVailable
through the City. The City will pay 501 of the coat of coverage of
the conversion plan up to a maximum of $50 per month.
ARTICLI 25. Jll!TIRIHDT BllllffIT8
The retirement benefits for emplo:•aea covered by this Contraci:
are eat forth in Title V, Chapter 9, Retirement, of the Englewood
Mur.icipal Code. The following changes shall be made January l,
1980.
A. For prior service: • 751 of the members final average
month l y compensation, multiplied by the number of years of credited
prior service.
B. For current service: 1.5\ of f i nal monthly compensation,
multiplied times the number of years of credited current service.
ARTICLE 26. LAYOFF
A. Whenever ther ' is lack of work, lack of funds, or under
conditions where it is determined that contim::ed work would be
inefficient or nonproductive , requiring reduct i ons in the number of
employees , the appo i nting authority shall designate the department
and positions in which the layoff is to be made. Up on such
determinations, the required numbe r of employees in the affected
department and position shall be placed on a recall list or
tran s ferred by the appointing authority, each in order of his
relative l ength and quality of service as shown by the personnel
recor d s. All other factors be i ng equal, seniority shall preva il.
-1 5 -
B. All other factor ■ being equal, employee ■ on layoff shall
be recalled in the order of relative length of service as shown by
the parac.n~el racorda, provided that thoae recalled have the
demonstrated ability and 11ama qualifications to perform the
available work aa determined by the City. No new employees ■hall
be hired until all employee ■ on layoff ■t~tu ■ desiring to return to
work have been recalled. The recall liat aha11 terminate after one
(1) year.
AkTICLI 27. LEAVI OF ABBINCI (WITHOUT PAY)
Eligibility
Permanent em , Joy••• may ba granted a leave of abaanca without
pay for raa ■on ■ of education which are allied to the duties of the
City, settlement of an estate, child care, ■erious illness of a
member of the employee'■ family, or to attar,d Englewood Employees 1
Association activities, but ■hall not be used for the purpose of
obtaining employment elsewhere. Leave withmr'.; pay ■hall not exceed
■ix (6) months of any year but may be extenrted upon request tor an
additional ■ix (6) month ■, The total leave time shall not exceed
one year. Upon return from approved leave, th■ employee will be
ra ■torad to their former position if available, .or to a companble
position for which the U1ployee is qualified. During periods of
unpaid leave, the employee ■ ■hall not continue to accrue service
credit or be eligible for any City benefit■• However, an employee
who has been granted a leave of absence, aay participate in life,
dental and health insurance pr~~rams under Artir.les 22, 23, and 24
at his/her own expenae for the period of the approved leave;
monthly premiums must be paid in advance in order to maintain such
coverage.
Application for L•ave
A request for a leave of absen -:e without pay shall be
submitted in writing by the employee to the employee'■ department
head. The request shall indicate the reason the leave of absence
is being requested and the approximate length of leave tima
requested,
~11sideration of Lea •;e Request
The d epartment head shall grant or deny leave requests, ta~ing
into consideration the department's work force, work load and the
employee's request.
F1ilure to Return
If an employee fails to return by the date of leave
expiration, the e mp loyee shall be considered to have v olunta rily
resigned from the service of the City.
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ARTICLE 28. GRIBVUCB PROCEDURE
A grievance i• defined a ■ a cl~lm or dispute by an employee
covered by the terms of this Contract concerning an alleged
violation of a specific provision of this Contra ct. The employee
shall be required to follow the procedure a ■ ■e t out below.
A general grievance ia defined as a grievance that cr ~cerns a
group of employees or the bargaining unit in general. > general
grievance can only ba filed by the Association within t he time
frame apecified in Step 1, and the initial review will occur by the
department head at Step 2 below.
A, "Work Day" means calendar days exclusive of Saturdays,
Sundays, and City recognized holidays.
iUlLl
I ! the employee is unable to settle th• grievance or ~ispute
orally and informally through his/her immediate supervisor within
five (5) working days of the data of the occurrence of the
grievance, or the employee'■ knowledge of it, the eaployee may,
within the succeeding five (5) work day ■, file a written grievance
with hia/he1· ■upervi ■or. The supervi ■or ■hall attempt to adjust
the matter and ehall re ■pond in writing to the ••~loyee within five
(5) work daya,
rulL.1
If the answer is not satisfactory, the matter shall be
presented in writing by the employee to the department head within
five (5) work days following receipt of the supervisor's response.
The department head shall re ■pond in writ ,,,~ to the nmployee withit;
five (5) work days.
ilil...1
If the grievance still remains unadjusted, it shall be
presented by the employee to the City Manager in writing within
five (5) work ti ,ys following receipt of the response of the
department head. The City Manager or his/her designated
repr·1entative shall respond in writing within ten (10) work days.
I f the grievance is st i ll unsettled, the Eng l wood Employees
Association or bargaining un i t employee, within ten (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 shall be
requested to issue a decision wi thin thirty {30 ) days after
conclusion of testimony and argument. Each party shall be
responsib l e for c om pensation to its own representatives and
witness e s . Fai l ure by the Eng l ew oo d Emp l oyees Ass oci a t ,o n or an
-1 7 -
employee to comply with any time limitation shall constitute a
settlement of the grievance. Should the employer not respond
within the prescr ibed time, the grievance wi ll automatic ally
proceed to the next step.
Au t hority o( car••r serviot Bo ar Q
The Career Service Board s hall have no power to add t o or
subtract from or change the terms of this Contract . The wr i tten
decision of the Board shall be final and binding upon the parties.
The Board shall limit its decision strictly to the grievanc e
submitted, which has been properly processed through the grievance
procedure outlined .
Gri,vanc• Qptin\l
It i ■ agr eed that should the appeal procedure a ■ provided
under 138:4 of the City Charter or applicable city ordinance is
uti '.iced, recourse to the grie·;ance procedure i.ncluded in this
Article shall b~ waived.
Proc111ing grievance During Jortinq Bour•
Grievance• may be invustigated and processed by the employee
or designated employee repressntative during working hours, within
reasonable time limits, without lo•• of pay, provided notice is
given and the work load permits.
127I1 For legal authority see 3-2-l, 2 and 3-lM-3 of the city
Code.
ARTICLI! 2,. LBTTlll or COIUll!CTIVB ACTION
•r itt•n corr,ctiv• Action
A. l:'llen the supervi sor de termines that a written corrective
act i on is appropri ate and necee ■ary, the corrective action shal l be
Pddressed t o ths employee and shall include t he violation; the
speci f ic behavi or and the dateA of the behavior (when appr opr i ate)
that auppurt the charge; the w"rning that continuance o f this
behavior will result in d i sc i p l nary act i on; and an offer o f
assistance 1 ;, correcting the beh a v ior .
B. A s i gned copy of the correc tive a c tion by the superv isor
shall be included in the employee's of fici al perscnne l f ile i n the
Em ploye e Relations Office, and t he employee shal l have the
opportuni t y t o submit written commants i n r esponse to the
correc t ive a c t i on t o be i nc luded in the fi le . After a per iod of
one (l) ye ar from t h-1 date of t he f iling o f the writte n correct i ve
action, t he supervi s o r shal l review s a id let ter a nd provide a
f o llow-up letter i nd ~cating th e sta tus of the wr i t t e n corrective
action.
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c . If the corrective actions wa ■ for unacceptable behavior
such as absenteeism, tardiness, or rulea violations a nd no similar
violations were committed 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. The employee retains the right through the Association to
an adm inistrative review of the written corrective action. A re-
quest for auch review must be filed with the Director of Admin i s-
trative Services within ten (10) working daya 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 Service ■ and two (2)
representatives of the Association appointed by the Association
President shall make up the !\dminilltrative Review Board. The
Director and the Association President will conaider members of the
Team for Quality Work Environmr,rit for appointment to the Board.
This Board shall be advisory to the Departmental Director, and its
written finding ■ ehall be placed in the employee•• peraonnel file.
This Article shall not be grievable undsr this contract.
ARTICLE 30. DUES DZDUCTION
A. The City agree ■ to daduct the Englewood Employees
Association dues •~ch pay period from the pay of those employees
who individually ~e~ueat in writing that nuch dedu~tions be made,
subject to the garnishment laws o t the State of Colorado . The
amo unts to be deducted shall be certi.fiad to the City Finance
Director by the Treasurer of t ho! Association, and the aggregate
deduct.ions of all employees shall be remitted together with an
itemized statement to the Treasurer by the 15th of the Gucceeding
month, after such deductions are made. The• authorizati on shall be
revocable during the term of the contract, upon a thirty-day (JO)
written notice by the employee to ths City Finance Director .
B. If no wages are paid an authorized e mployee on the last
pay period of a given pay period, deduction for that pay period
will be made from any wages which may be paid to him/her on the
next succeed ing final monthly City pay period. It is expressly
understood that the City assumes no liability and shall not be
liable for the collection or payment to the Englewood Employees
Association of any dues during any time that an employee is nnt
actua lly working for the City and actually on the payro l l of t he
city. In the event of error on the check-off list, the City will
not be respon3ibl e to make ad j ustments, until notified by the
Treasurer of the Eng lewood Employees Association.
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c. The Englewood Employees A ■societion ■hall indemnify and -
hold the City herml••• again ■t any and all claim ■, ■uits, orders,
or jud<fiOenta brought or i ■euad against the City a• a result of any
action taken or not taken by the City under the provi ■ion of this
Article.
D. Changes in ths dues amount to be deducted shall be
limited to two (2) changes each year, providing a thirty (JO) day
written notice is provided to the City Finance Dire~tor.
E. Should the change in the deduction amount or method
require a computer progra111111ing change, the Englewood Employees
Association shall be responsible for the cost of such change or
changes, at $30 per hour with a four(4) hour maximum. Payment from
the Englewood Employees Aasociation shall be 11ade to the City
Finan~~ Director within ten (10) days of receipt of billing.
ARTICLE 31, ASSOCIATION ACTIVITIBS
The City agrees that during working hours on the City premises
and without loss of pay, Englewood Employees Association members
may be allowed to: attend Englewood Employees Association and/or
management meetings; post Englewood Employees Association notices
on City designated bulletin boards; ■elicit Englewood Employees
Association member~hipa during employee'• non-work time; and
represent employees on grievances and negotiations.
One (1) employee representative from the Utilities Oepar.cment
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 a ■aociation meetings.
ARTICLE 32. STANDBY PAY
All employees c ivered by this Co11tract and assigned standby
duty shall be compel" ,tad at a rate equal to eight (8 ) hours at
his/her regular r at~ of pay for one week of standby duty.
ARTICLE 33, CALL BACK
Any time an employee on off-duty status is called back to work
he/she shall be credited with a minimum of two (2) hours pay at the
rate of one and one-half (l 1/2) times his/her regular hourl y rate.
-2 0 -
ARTICLE 34, EXCLUSIVENESS or CONTRACT
The City and the Association agree that the terms and
provisions herein contained constitute the entire contract ~etween
the parties. The City and the Association agree that all
negotiable items have been discussed during the negotiations
lead i ng to this Contract and , therefore, agree that negotiations
will not be reopened on any i t em during the life of this Contract,
except by mutual agreement of the parties.
IN WITNESS WHEREOF' the partie,; h l\Ve caused this Contract to
be signed by their re spective repr esentatives, and their signatures
placed thereon, on this __ day of _______ 1992 at
Englewood, Colorado,
CITY OF ENGLEWOOD
Mayor
ATTEST:
Ci ty Clerk
City Manager
ENGLEWOOD EMPLOYEES ASSOCIATIOt!
AFSCME LOCAL #303
-21 -
Date
December 21, 1992
INITIATED BY
STAFF SOURCE
COUNCIL COMMUNICATION
Agenda Item
11 i
S•i.hj •;ct 1993 Compensation
Plan br EEA
Members
Department of Administrative Se rvices
Randie Barthlome, Director of Administrative Services
ISSUF./ACTION PROPOSED
Staff seeks Council support for a Resolution apj>roving the compensation plan for the year
1993 for members of the Englewood Employees Association and authorizing the Mayor to
sign the Agreement.
PREVIOUS COUNCIL ACTION
The previous Collective Bargaining Contract with the Englewood Employees Association
was approved in 1990 and was effective for the time period between January 1, 1991
through C'ecember 31, 1992.
STAFF ANALYSIS
The City of Englewood and th e Engl ewood Employees Association entered into negotiations
in May, 1992 in accordance with the City of Englewood Charter. The tentative agreement
represents a good-faith effort of both parti es to negotiate a coll ective bargaining agreeme nt.
The members of the Englewood Employees Association duly ratified, by a majority Jf the
members, the tentative Collective Bargaining Agreem e nt.
Th ere are no significant changes to the contract other th an a change in the ra te of wa ge
increase s . The wage increase fo r 1993 and 1994 will b e 3.75 percent each year.
"
FINANCIAL
The attached contract outlines the proposed compensation schedules, overtime
compensation, personal leave, holidays and settlement of disputes. The approximate
financial impact is as follows :
Annual salary
Benefits
2 year cost of salary
2 year cost of Benefits
1993 Increases
$198,349
57,521
$255,870
$404,136
1.l1J2Q
$521,336
1994 Increases
$205,787
59,679
$2,65,466