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HomeMy WebLinkAbout1990 Resolution No. 059C u RE .'JLU 1 ON 10 . .£_" SER IES OF 1990 A RESOLUTION APPROVING THE 1991-92 COi LECTIVE BARGAINING CONTRACT BY ANO BETWEEN THE CITY OF ENGLEWOOD, COLORADO, ANO THE ENGLEWOOD EMPLOYEES ASSOCIA- TION, EFFECTIVE JANUARY I, 1991 THROUGH DECEMBER 31, 1992. WHEREAS, the 1991-92 Collective Bargaining Contract by and between the City of Englewood and Englewood Employees Association, consisting of the cur- rent agreement as amended by the tentative agreement, has been duly ratified by a majority of the members of the Englewood Employees Associa~ion; and WHEREAS, Section 3-5-6 A, Englewood Munic i pal Code 1985, requires that the contract be approved and ratified by City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EN- GLEWOOD, COLORADO, THAT: Section I. The 1991-92 Collective Bargaining Contract by and between thr, City of Englewood, Colorado, and the Englewood Employees Association, ef- fective January I , 1991 through December 31, 1992, a copy of which is attached he r eto and made a part hereof, be and the sam e i s hereby approved. Section 2. The Mayor of the City of Englewood is hereby authorized and directed to exec ute the 1991-92 Collective Bargaining Contract and the City Clerk shall attest the same . ADOPTED ANO APPROVED the 2nd day of July, 1990 . Attest : Patricia H. Crow , Ci t y Clerk I, Patricia H. Crow, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. .f"l , Series of 1989 . Q~:c_ ~-~ Patricia H. Crow DArll July 2, 1990 INIUATIID IY STAPP' IOIIRCB IISIIZ/ACTION PROPOSZD COUIICIL COIOIUIIICAUON AGENDA IRN 12 (C) SUIIJl!:CT C:Ollect1ve lar9ainin9 contract bet-n the City and IIIIA for 1991-1992 Roger Fra ■er, City Manager Roger Fra ■er, City Manager Council approval of the Collective Bargaining Agreement and authorizing the Mayor to ■ign the collective Bargaining Contract between th ■ Englewood Employee ■ A11ociation and the City of Englewood. PREVIOUS COUIICIL ACTION The pr■viou ■ Collective Bargaining Contract wi th the Englewood Employee■ A1 ■oci1tion wa ■ approved July 30th, 1987 and effective for the time period between January l r 1988 throuc;,h December 31, 1990. ITAPP' ANALYSIS Th ■ City of Englewood and the Englewood Employ■■■ A ■■ociation entered into negotiation ■ on Hay 11, 1990 in accordance with the City of Englewood Charter. The tentative a9reement repr•■•nt1 a good-faith affort of both partie ■ to nagotiate a collective bar9ainin9 agreement . Significant change ■ to the contra c t: Article 9 -Compen ■ation -Employ••• covered by the contract ahall receive a three percent (3.01) incr•••• on the ba ■e wage r ate effective Januar~· 1, 1991, and an additional three perce nt (3 .0\) incr•••• e ffectiv e January 1, 19 S2. Article 12 -Annual Leave -The City will make rea ■onabl• effort ■ to acconrnodate the requeet of an employee to uee annual leave where a 9enuine emergency ■ituation ■xi.at ■• Article .17 -Funeral Leave -Include ■ ■tap-relative ■• Article 20 -Uniform C.1.eanin9 Allowance -Th• City will provide 50\ of the coat of required work ahoe~ up to • maximum of $65 per year ( an incraa ■e from $50 per year). Article 27 -Leave of Ab■ence (without pay) -An employ•• who ha ■ been ;rant a leave of ab ■enc■ m1y particJpate in life, dental and health in ■urance pro;ru1 at hi1/her own expen ■e for th• period of the approved l ■avtt1 monthly premium■ muat be paid in advance in order to maintain ■uch coverage. IIJICWOROUIID A R11olution approving the 1991-1992 Coll ■ct l v• Bargaining contract between the City of Enqlawood and th ■ Englewood Employ••• A ■■ociation i ■ attached. The City of ln;lowood and th• Englewood Employ ■■■ Ae ■ociation reached a tentative agreement on the Collective Bargaining Agreement on Jun ■ 19, 1990 . The member ■ of th• Englewood Employee ■ A ■■ociation duly ratified, by a majority of the member ■, th• tentative Collective Bargaining Agreement (■e• attached notification cf ratification). Th• contract ■hall take effect on January 1, 1991 and ■hall continue in fore ■ to December 31, 1992. ~ The attached contract outline ■ the propo ■ed cornpen ■ation achadulea, overtime comp■n ■ation, p■r ■onal leave, holiday ■ and ■ettlement of di ■pute ■• The financial impact i ■ a ■ follow ■: 1991 1992 INCREASES INCREASES Annual ■alary $153,715.41 $158,326.87 Benefit ■ 43,962 .61 45,281.48 Uniform Cleaning Allowance 1,000 .00 0 $198,678.02 $203,608.35 year Co ■t of Salary $312,042.28 year coat of Benefit ■ 89,244.09 year co ■t of Salary and Benefit• $401,286.37 C CONTRACT B!TDBR THI CITY OP EHGLIIWOOD AIID THE BHGLIIWOOD EMPLOYEES A880CIATIOR l'OR TRB YEARS 1991 AND 1992 eproduction of the 1991 and 1992 contract ha• City Administration for distribution to al ncy eaployees and City departments so that ev of the rights and benefits contained herein. DU ARTICLE 1 INTRODUCTION 1 ARTICLE 2 DUJIATION OF COIF.l''RACT 2 ARTICLE 3 RECOGNITION 3 ARTICLE 4 EMPLOYEE RIGHTS 3 ARTICLE 5 HOUR!, OF WORK -·. ' ARTICLE 6 OVERTIME WORK ' ARTICLE 7 ACTING PAY s ARTICLE 8 MERIT INCREASES s ARTICLE 9 COMPENSATION s ARTICLE 10 LONGEVITY COMPENSATION 6 ARTICLE 11 PROBATIONARY EMPLOYEES 7 ARTICLE 12 ANNUAL LEAVE 8 ARTICLE 13 PERSONAL LEAVE 10 ARTICLE 14 DISABILITY --TEMPORARY (NON-JOB RELATED) 10 ARTICLE 15 ON-THE-JOB INJURY -DISABILITY 12 ARTICLE 16 MILITARY LEAVE 13 ARTICLE 17 FUNERAL LEAVE 13 ARTICI.E 18 JURY DUTY AND WITNESS SEitVICE 14 ARTICLE 19 HOLIDAYS 14 ARTICLE 20 UNIFORM CLEANING ALLOWANCE lS ARTICLE 21 TUITION REFUND lS ARTICLE 22 LIFE INSURANCE lS ARTICLE 23 DENTAL INSURANCE lS -i - DU ARTICLE 24 HEALTH INSURANCE -EMPLOYEE/RETIREES 16 ARTICLE 25 RETIREMENT BENEFITS 16 ARTICLE 26 LAYOFF 17 ARTICLE 27 LEAVE OF ABSENCE (WITHOUT PAY) 17 ARTICLE 28 GRIEVANCE PROCEDURE 18 r '..J ARTICLE 29 LETTER OF CORRECTIVE ACTION 20 ARTICLE 30 DUES DEDUCTION 20 I I '- ARTICLE 31 ASSOCIATION ACTIVITIES 21 :- ARTICLE 32 STANDBY PAY 22 ARTICLE 33 CALL BACK 22 [ ARTICLE 34 EXCLUSIVENESS OF CONTRACT 22 _, oc [ CONTRACT BETWEEN THE CITY or ENGLEWOOD al!D_THI ENGLEWOOD EMPLOYBBB ABBOCIATION lUlTICLII 1. This contract entered into by the city ot Englewood, Colora6o, and the Englewood Employees Association has as its purpoae the promotion ot harmonious relations between the City ot Englewood and ita Employees, a tair and peaceful procedure tor the rasolution ot ditterences; the establishment ot rates of pay and hours ot wqrk, and other conditions of employment as set out i~ 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, powers and authority ot the City a ■ granted to it under the laws of the State of Colorado and the City'& Charter and Municipal Code. The rights, powers, and authority include, but are not limited to, the following: A, Determine the overall mission of the City as a unit of government. B. To maintain and improve the bfticiency and ettsctivsness of City operations. c. To determine the services to be r~ndered, the operations to be performed, the technolo<;;}' to be utilized, or the matters to be budgeted. D. To determine the overall methods, processes, means, job classifications or personnel by which city operations are to be conducted. E, To direct, supervise, hire, promote, transfer, a ssign, schedule, retain or lay-off employees. F, To suspend, discipline, discharge, or demo t e for just cause, all full-time permanent classified employe e s. G. To relieve employees from duties because of lack ot work or funds, or under conditions where the city determinee continued work would be inefficient or nonproductive. H. To take whatever other actions may be necessary to carry out th11 wishes of the public not otherwise spsci!ied herein or limited by a collective bargaining contract. I . To take any and all actions to carry out the mission of the City in c a 3es of emsrgancy . J . Nothing contained herein shall preclude the City from conferring with it ■ employees for purposes of developing policies to effectuate or implement any of the above- enumerated rights. The City retains the right to change any past practice which is no ', in violation with this Contract. In the event a put practice is sought to be changed by the City Manager or Department Heads, ths Englewood Employees Association will be provided reasonable written notice of the intended change . The Englewood Employees Association retains the right to grieve any change in practice which is in v i olation with this Contract. ARTICLE 2, DURATION OF CONTRACT A. This contract will take affect on January l, 1991 and shall continue in force to and including December 31, 1992. B. Thie Contract, or any part of it, may be terminated or renegotiated at any time by mutual consent of both parties. C. If any article or section of this Contract should be held invalid by operation of law or any Court of competent jurisdiction, or if compliance with or enforcement of any article or ■action should be restrained by such Court, the remainder of this Contract shall not be affected thereby and this Contract shall remain in full force and effect, and the parties shall promptly meat and negotiate for the purpose of attempting to arrive at a mutually satisfactory replacement for such article or section. D. The parties agree and understand that provisions relating to employees covered by this contract shall in no way displ ~c• or modify present or future statut ory or case law of the St ate of Colorado. E. The parties acknowledge 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 appropriate for contract negotiations and that the understandings and agreements arrived at by the parties after this exercise of that right and opportunity are set forth in the Contract . -2 - 0 - n .., I ' I, llTICLa 3. RZCCGIIITIOII The City recogn h ,,a th• Englewood EmployeH A ■■ociation/Al'SCMI! Local #303 as the sol• organization certified by the Career Service Board ot th• City ot Englewood aa the axclusivo reprHantativa tor th• public employ ■•• within the following bargaining unit: Included: All full-time, classified non-emergency employee ■ ot the City . Excluded: All supervisory, managerial, confidential, part- time, temporary, seasonal, and contractual employees, ■tudents, and all employees hired through the use ot Federal, state or other outside funding ■ources tor special projects or programs, and all others who may be determined by the Board of Career Service commissi'lnera prior to or during the lite ot this Contract aa provided under the City Charter. NOTE: For legal authority see City Charter 137:l, 137:2 b, c, m, m l-6, n, o, and 137:3. Also see 137:2 (k) re: employee rights of association. ARTICLJI 4. l!MPLOYEB RIGHTS A full-time classifbd employee who is not a confidential employee, a managerial employee, or a supervisor shall have the right: A. To form, join, support or part icipate in, or to r~train from forming, joining, supporting, or participating in the employee organization or its law t,,l activities; and B. Bargain collectively through their certifi ed employee representative. c . No employee shall be interfered with, restrained , coercsd or discriminated against because of the exercise of these rights nor shall the right of an individual employee to discuss employment concerns with the City be infringed upon. NOTE: For legal authority see Employee Rights of Association 137:2 (k) of the City Charter . -3 - llTICLB 5 . HOURS o• WORK All department ■, function• or activitiaa •hall oba•rv• office and working hour■ nece ■aary for th• efficient tran ■action ot their raapectiv• aervicea. Such have bean determined for non-emergency employee■ aa tollowa: A, All employee ■ covered by thia Contract ■hall work at leaat forty (40) hour• per week, or in the caae ot ahitt work, an average of forty (40) hours per week, Th• work weak ahall consist ot tiva (5) eight-hour shifts, or other work ■chedul-■ as determined by th• department head with approval or the City Manager. All employ••• ■hall be ■cheduled to work a regular work schedule and each work ■chedula ■hall have a regular starting and quitting t :l.me. Shou ld the work schedule be changed, affected emp loyees will be notified as soon a ■ poasible . B, Employees shall be entitled to two (2) rest periods not to exceed fifteen (15) minutes or one (1) thirty (30) minute rest period for each work schedule. Re■t period ■ ■hall be under tha control of the supervisor or department head. C. When possible, employeea who work beyond their regular quitting time into an overtime situation shall be eligible for a fifteen ( 15) minute rest period before they begin the overtime work. When possible, additional rest periods shall be granted under the control of the supervisor or department head similar to rest periods granted under subparagraph B above. D. When necessary, employees shall be granted a fifteen (15) minute personal clean-up period prior to the and of each work schedule. The clean-up period shall be under the control of the supervisor or department head. E. All employees shall be granted a lunch period during each work schedule. Whenever possible, the lunch period ■hall be scheduled at the middle of •~ch work schedule. llTICLI! 6. OVl!RTIMI! WORK A, For all employees covered by this Contract, except a ■ specified below, duties performed over and above the a ■■igned work r" \._.,,' schedule ■hall be considered overtime, overtb,■ shall not be , computed nor compensation allotted on previously accrued overtime. r -4 - e. All personnel subject to overtime shell be compensated for overtime work et the rate of one and one-half (l-1/2) time• the normal pay rate or compensatory time off during normal work hours, computed at the rate of one and one-half (l-1/2) times. Th• city retains +-ha right to esaign overtime work to any employee qualified to 1, •. cform the work. ARTICLB 7, ACTING PAY All persona in acting positions will be compensated at the A step o f the acting position or 51, whichever i ■ greater, as approved by the appointing authority, namely the City Manager. The employee must have worked in the position for a period of fifteen (15) consecutive calendar days before said employee becomes eligible for acting position compensation. Such pay will begin after the fifteenth (15th) calendar day said employee a ■aum■s the responsibil~ties of the acting position. ARTICLE 8, MERIT INCREASES All merit increases provided for 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 individual employee upon recommendation of the department head and with the approval of the c t ty Manager upon notice to such individual employee. The date in which the merit increase is approved shall determine the new merit anniversary date. ;'..~TICLB t, COMPENSATION A, Each employee in the classified service shell be paid at one of the rates sat forth in the pay plan for the class in which they are employed. B. At least the minimum rate of pay for a class shall be paid to an employee who is starting his employment with the City. c. When a regular full-time position not under ths classified service is brought into the classified service, the rate of pay of the incumbent may be set by the City at the step closest to his current rate in the grade established for the class. In such cases there will be no reduction in pay. -5 - D, A change in anniver ■ary dat ■ will result when: (1) The employee is on leave without pay , The previou ■ anniversary date ■hall be adjusted one month tor oach twenty-two (22) working day■ ot leave without pay in any twelve (12) month period, (2) The employee terminates his employment and latsr i ■ reemploysd, The new anniversary date shall be determined by his nsw employment date. (3) When it is determined that the employee merit ■ an increase, the data ot the increase will determine the new anniversary date. E, Employees ot the City o! Englewood represented by the Englewood Employee Association and covered by this Contract shall receive a three percent (3 . 0\) increase on '·he base wage rate effective January 1, 1991 and an additional three percent (3.0\) incraaae effective January 1, 1992 . ARTICLE 10, LONGEVITY COMPENSATION In addition to an employees monthly salary, the employee shall ,.. be eligible for longevity compensation based upon ths number of .._ years of continuous service with the City and shall be derived from the following schedule, Years of ~ 0-4 5-9 10-14 Amount or compensation None $12 per month for $144 per year, except for those employees who have not completed 6 full years of continuous service on December l of any year, which employees shall receive an amount equal to $12 for each full month of completed continuoua service after completion of 5 years of continuous service up to December 1. $24 per month for $288 per year, except for those employees who have not completed 11 full years of continuous service on December lo! any year, which employees shall receive $144 plus an amount equal to $12 !or each full month o! completed continuous service after completion of 10 years ot continuous service up to December 1. -6 - C ,., w f ' I.. ''V 15-19 20 or moro $36 per month tor $432 per year, except tor those employee• who have not completed 16 full years ot continuous service on December lot any year, which employee shall receive $288 plus an amount equal to $12 tor each full month ot completed continuou ■ service after completion of 15 years ot service up to December l. $48 per month tor $576 per year, except tor those employees who have not completed 21 full years of continuous service on December lot any year, which employee shall receive $432 plus an amount equal to $12 for each full month of completed continuou ■ service after completion of 20 years of continuoua service up to December l, Effective J,rnuary l, 1984, and thereafter, all new hires ahall not be eligible ior 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 the date of hire. After completion of the probationary period, the employee shall be given permanent status. A, A promoted City employee shall receive a minimum of one step increase in pay and serve a twelve (12) month probationary period in the new position; provided, however, that after having satisfactorily served in said new position for a period of at least six ( 6) months, the head of the department to which the employee was promoted may recommend permanent status in the new position for ~he employee prior to the expiration of the twelve (12) month period, Any substantlal time served in an acting capacity by the employee will be taken into consideration by the department head when recommending the length of the probationary period to the appointing authority. Should the appointing authority approve permanent status for the employee prior to the expiration of the twelve (12) month probationary period, the employee shall be considered to have permanent status. Upon attaining permanent status in the new position, the employee shall receive a one step '·1crease in pay; provided, however, that the additional ster d available in the new grade. -7 - B. Any permanent employee in th• ola ■■itied ••rvioe upon being promoted to a new po■ition in the Car■■r S e rvic■ Sy ■t•• ■hall have probationary ■tatu ■ a ■ ■et out above in any po ■ition to which he wa ■ promoted, but ■hall retain permanent ■tatu■ in hi ■ praviou ■ claa ■ification and may tran ■ter back or be returned to that previous position at any time during the probationary period at the di ■cretion ot tha appointing authority. c. Employees rahired aa provided under the provisions ot the City'• admini ■trative procedure ■ with leas than ona (1) year ot separation trom the city shall be subject to a probationary period. The department head with the approval ot the appointing authority may modify or waive the probationary period , NOTE: For legal authority see 3-lE-l ot the City Code. ARTICLI 12, AllllUAL L!AVI A, Employees hired prior to January 1, 1984, and covered by this Contract shall accumulate annual leave monthly at the rate ot l l/4 days per month of active service . Annual leave shall not be granted to any employee until after completion of twelve (12) months consecutive service with the City unless otherwise authorized by the department head. In order to qualify tor annual leave credit during the month, the employee must have worked for at least one-half (l/2) of the working days ot that month excluding authorized paid leave. For those employees having lees than ten (10) years continuous service, the maximum accumulation ot annual leave shall be thirty (30) days. B, After ten (lO) years of continuous service with the City, employees shall accumulate annual leave at the rate of 13.3 hours of annual leave per month of activ& service. In order to qualify for annual leave credit during t he month, the employee muat have worked for at least one-half (l/2) of the working days of that month excluding authorized paid leave. The maximum accumulation shall be 40 days. C. Employees hired after January l, 1984, and thereafter, covered by thi ■ contract shall accumulate annual leave yearly at the following rate : 0-1 years 5-9 yoars 10 or more yrs. 80 houra per year 120 hours per year 160 hours per year -8 - Max i mum Accrual 160 hours 240 hours 320 hours L D, ,\ccumulation ot annual leave shall neither be authorized nor computed tor any purpose attar the maximum accumulation has i;aan reached, J.!U The schedule for use ot annual leave shall be determined by the needs of the Department. Annual leave shall be taken at the time convenient to and approved by the Department Head or Supervisor. However, the City will make reasonable atforts to accommodate the request ot an employee to use annual leave where a genuine emergency situation eyists, Annual LeavL..fll The rate ot annual leave pay shall be the employee's regular straight time hourly rate of pay for the ,employee's regular job and charged on a working hour basis, excluding holidays and regular days ott. Annual leave shall be allowed only to the total hourly amount accumulated at the beginning of the leave, as verified by the department head. Employees may receive their annual leave pay no earlier than three (3) days prior to the start of their annual leave, provided the employees make a written request to their supervisor fitteen (15) calendar days prior to the start of their annual leave, work During rnnual Leave If after the employee has begun his/her annual leave and the City requires the employee 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. Annual Leave Pav Ucon Separation Any employee who is separated from the service of the City, i.e., retirement, termination or layoff, shall be compensated for the unused annual leave time accumulated at the time of separation. -9 - llTICLB 13. PBRSONAL L!AVll Ettecti va January l, 1988, all employees covered by thi• contract shall be granted 48 hours ot personal leave time with pay which an employee i• entitled to use tor the tollowing purpose ■: A, Time lost a ■ a result ot illness/injury to the employee or the amployae'e immediate tamily. B. Attend personal business, c. Leisure time. For any employee who has not used the 48 hours ot par ■onal leave time e~ding November 30 of each year or any portion theraot, the City will compensate said employee f or the unused time at the employees regular wage rate to ba paid du.ing the month ot December ot that year. Personal lsavs tims shall not axcaad 48 hours nor shall it be accumulated or carried over trom one year to the next. Personal leave shall be scheduled and administered under the dirsction ot the department head or supervisor. In the event ot illness/injury in which personal leave is requested, ahitt work employees shall notify their supervisor at least one (l) hour prior to their scheduled reporting time, all other employees shall report at the beginning of their scheduled report time. Per ■onal leave shall be prorated for employees beginning and terminating employment with the City during the calendar year . ARTICLE 14. DISABILITY -TEMPORARY (NON-JOB RELATED) Definition Temporary disability is leave granted connected injury or illness of an employee prevents the employee from performing his/her employee. Provision for non-service which disability duties as a City The City agrees to provide temporary disability leave with pay for e111ploy ~es absent as a result ot illlless/!ll j ,i ry at the rate ot 1001 ot th , employee's regular wage up to 120 calendar day ■ of disability. Temporary disability leave shall no t be ~ccumulative except that on January l of each year the City shall restore 1001 of the number of days used by an employee during the preceding year up to a maximum of 60 days. -10 - L.. r U ·- I... "V For employee ■ hired attar January 1, 1984, and thereatter, and covered by the terms ot this Contract, the City agrees to provide said employees temporary disability leave with pay tor employee ■ absent as a result ot illness/injury as follows: 0-4 years 5-9 years 10+ years 60 days 90 days 120 days For employees hired after January 1, 1984, and thereafter, temporary disability leave shall not be accumulative except that on January l of each year the City shall restore 1001 of ths number of days used by an employee during the preceding year as follows: utilization o-4 years 5-9 years 10+ years up to a maximum of JO days up to a maximum of 45 days up to a maximum of 60 days A. Authorization for temporary disability leave with pay shall only be granted after the first day of disability. B. Authorization for temporary disability shall only be granted for the following reasons: 1. Personal illness or injury not service connected, including maternity. sick Leave option All sick leave accrued by permanent employees prior to January 1, 1980 shall vest with the employee, and may be used in the following manner: A. After the 120 days as described above, have been used, unless the employee is entitled for retirement as a result of disability. B. By cashing in all accrued sick leave accumulated under the previous plan upon normal retirement from the City at the rate of one hour• s pay for each two hours of accrued sick leave or one hour's pay for each four hours upon separation from the City. c. By cashing in accrued sick leave under the previous plan, once each year at the conversion rate of four (4) hours sick leave for one (l) hour pay, not to exceed a conversion of more than 400 hours each year. -11 - Reporting ot Temporary Disability The employee or a member of the employee'• houaehold •hall notify the employee's supervisor prior to the employee•• acheduled reporting time. No temporary disability leave will be granted to an employee who fails to notify their supervisor prior to the beginning of the employee's 1ork schedule. veritication ot Pisability It shall be the responsibility of the department head or supervisor to determine the validity of eligibility of the temporary disability. His signatur e on the leave request form noting temporary disability entitlement shall indicate auch determination. An attending physician's statement will not be necessary until three (3) cays of disability except when required by the Department Head. Abuse of Temporary Disability Abuse of temporary disability occurs when an employee misrepresents the actual reason for requesting temporary disability or when an employee uses temporary disability leave for unauthorized purposes. An employee who makes a false claim for temporary disability leave shall be subject to disciplinary action or dismissal. ARTICLE 15. ON-THE-JOB INJURY -DISABILITY A. For any on-the-job injury which causes an employee to be absent from work as a result of such injury, the :ity shall pay to such employee his full wages from the first day o<: his absence from work up to and including the 90th calendar day of such absence, less whatever sums received by the employee as disability benefits under workmen's compensation. The City reserves the right to require any employee on injury or disability leave to submit to an examination(&) by Cicy-appointed physician(s) at the City's expense or under the provision of workmen's compensation. The employee will not be charged sick leave for disability under this Article. B. All injuries that occur du r ing worki ng hours shall be report ed to the employee's supervisor within 24 hours of the injury or before the employee leaves their department of employment. -12 - ARTICLI 1&. MILITARY LEAVI A. Any permanent or probationary employee who enlists or is inducted into the military, naval, air or the armed service ■ ot the United statee in time ot war shall be entitled to a leave ot absence without pay for the duration of such war or until honorably discharged, whichever occurs first, and tor one (l) year thereafter. B, Any employee who shall be a member of the National Guard or any other component of the military forces of the State, now or hereatter organized or constituted under the State or federal law, or who shall be a member of the reserved forces of the United States, now or hereafter organized or constituted under tederal law, shall be entitled to leave ot absence from his employment without loss of pay, seniority, statu s, eff i ciency rating, vacation, sick leave or other benefits or all the items when he is engaged with such organization or component in training or activ~ service ordered or authorized by proper authority pursu a. to law, whether for State or federal purposes, but not exceeding f itteen (15) days in any calendar year. such leave shall be allowed in case the required military service is satisfactorily performed, which shall be presumed unless the contrary is established. C. Such leave shall not be allowed unless the employee returns to his public position immediately upon being relieved from such military service and not later than the expiration of the time herein limited for such leave, unless he is prevented from so returning by physical or mental disability or other cause ,iot due to his own fault or is required by proper authorities to continue in such military service beyond the time herein limited for such leave. D. Subject to provision A, B and C above, the city shall provide full pay to an employee granted military leave, less whatever compensation the employee may have received by the military for such service. ARTICLE 17. FUNERA~ LEAVE The Department Head shall grant leave with pay to an employee to attend the funeral of a member of the employee's family. The number of days granted shall be governed by the circumstances of the case, but in no event shall they exceed five (';) working days. For the purposes of this section "employee's famil;•" shall mean the smployee•s spouse, or the children, grandchildren, parents, grandparents, brothers and sisters of the employee or the employee's spouse, or the employee's stepparents, stepchildren, stepbrothers and stepsistera . Annual leave may be granted by the Department Head if add.ltiona1 time off is deemed appropriate. -13 - ARTICLJI 18, JORY DOTY DID WITHl!BB BBRVICB Leave may be granted to an employee tor ■■rving on jury duty or as a witn■■s in his otticial capacity in obedience to a subpoena or direction by legal authority, He shall be entitled to the ditteranc■ between hi ■ regular compensation and the tee ■ received tor jury duty or a ■ a witness. When he is subpoenaed a ■ a witn~•• in private litigation to testity, not in hia otticial capacity but aa an individual, the time absent by reasons thereot shall be taken as annual leave or leave without pay . llTICLJI 19, HOLIDAYS A, The tallowing days shall be considered otticial holidays by the City : l. 2, 3. 4 . 5, 6. 7. 8, 9. 10. 11. New Year's Day: January 1, Washington's Birthday: the third Monday in February Memorial Day: the last Monday in May. Indepenc:',,!"•>e Day: July 4 Labor Day: the tiret Monday in September. Veteran's Day: November 11, Thanksgiving Day : the fourth Thursday in November. Fourth Friday of November following Thanksgiving Day, Chr i stmas Eve: Christmas Cay: New Year's Eve : December 24. December 25. December 31. B. Any employee covered by this Contract who does not pertorm duty scheduled on the working days or have approved paid leave immediately prior to and tallowing a holiday shall not receive pay for the holiday unless otherwise authorized by the Department head. C. Eligible emp l oyees other than shift work employee ■ at the Wastewater Treatment Plan shall receive one day's pay or equivalent time ott at the discretion ot the department head tor each ot the holidays on which they perform no work. Employees required to work on an otticial City holiday shall receive one and one-halt (l 1/2) times the employee's regular rate of pay for all hours actually worked in addition to the employee's regular pay tor the holiday or time ott at the rate ot one and one-halt (l l/2) times the number ot hours actually worked at the discretion ot the department head. -14 - L.. r D. When one ot the toregoing holidays tall on a Sunday, the following Monday ■hall b■ observed aa the l ■gal holiday. Whan any ot th ■ tor■going holidays tall on a Saturday, each employe ■ ■hall be entitled to a day ott tor such holiday, which day ott shall b ■ scheduled a ■ the City Manager determine ■, but no specitic day ■hall be observed as a holiday tor purpose ot closing City officea and !unctions. ARTICLE 20, UNIFORM CLEAllING ALLOWJUICI It an employee is required to wear a unitorm, t.he employee shall wear the uniform only as authorized by the de~artment work rule■, The City will continue to provide uniforms cleaning and replacements. The City will provide sot ot the cr,st ot required work shoes up to a maximum of $65 per year ,1xcept with department head approval. All employees shall maintain a presentable appearance while on duty. The employee ls responsible for any damage to the uniform by negligence or deliberate act. TUITION 21, TUITION REFUND Upon recommendation of the department head and after prior approval of the City Manager, the ~ity of Englewood may reimburse employees covered by this Contract upon successful completion of an approved course or courses in education or vocational training at -::he public institution rnte. Thi' course or training must be related to the work and be designed to improve competence in the job, and be of value to the employee's service to the City, This shall include all tuition, and required texts. ARTICLE 22, LUR INSURANCE A $30,000 Term Life Insurance will be provided by the City tor employees who have completed one (1) year of continuous employment with the City. A conversion privilege upon retirement ot SOI coverage payable by the employee will be made available by the City for a.aid retired employee. ARTICLE 23, DENTAL INSURANCE For the term of this Contract, the City shall pay 851 and the employee shall pay 1st of the premium cost. for the City Dental Insurance Plan or other plan which may be selected by ths City as a substitute for the City Dental Plan fo~ each singl~ and dependent policy holder. -15 - The above benefit shall be a!lowed only to employoea who have completed one (l) year or continuous employment with the City. Any disput• concerning the interpretation or application or ben•tits under the Dental "lan shall be subject to the diaput• resolution procedure only. (It i• expressly undar•tood that this provi•ion is a non-griavabla item under this Contract .) ARTICLI 24, BIALTB INSURANCE -EMPLOYEE/Rl~IRBES A, (1) For the term of this Contract, the City will pay e.••ah ty-tiva percent (851) par month ot the premium cost w t dependant and single coverage tor the City's salt N nd1J d health insurance plan. (2) !or the term or this Contract, employees will pay tittaon percent ( 151) or the monthly premium cost tor r!9pandent and single coverage tor the City•• •elt tundad n,.alth insurance phn. B. Any dispute concerning the interpretation or application of benefits provided under the Health Insurance Plan shall be subject to the dispute resolution procedure only. (It is expressly understood that this proviaion is a non-grievable item under this Contract.) C. Retirees prior to January l, 1980, will be provided health incuranca coverage by the City on a non-participating basis. The coverage will coordinate wit~ Medicaid and Medicare wherever applicable. Retirees after Janur,.:-y l, 1980 will be guaranteed conversion privileges to the Ht>alth Ineuranca Plan available through the City. Th~ City ~ill p~y SOI of the cost of coverage or the conversion plan u1.1 to a maximum of $50 per month. ARTICLE 25. RBT1RBMENT BENEFITS The reti .-ement benefits for employees covered by this Contract are set forth in Title V, Chapter 9 . Retirement, of the Englewood Municipal Coda. The tollowing ch&. Jes shall be made January l, 1980. A, For prior service: • •st of the members final averag,. monthly compensation, multiplied • · the number of years of credited prior service. B, For current service: 1.51 of final monthly compensation, multiplied t i mes the number of years of credited currant servi ce . -16 - o= ,... I ARTICLB 26 . LAYOFF A, Whenever there is lack of work, J e ck of funds, or under conditions where it is determined that con·t inued work would be inefficient or nonproductive , requiring r~duct1ons in the number o! employees, the appointing authorit-~ ahaU desig1:::te the department and positions in which the layoff is to be made. Upon such determinations, the required number of employees in the affected department and position shall be placed on a recall list or transferred by the appointing authority, each in order of his relative length and quality of service as shown by the personnel records. All other factors being equal, seniority shall prevail. B, All other factors being equal, etr,ployeea on layoff shall be recalled in the order of relative length of service as shown by the personnel records, provided that those recalled have the demonstrated ability and same qualifications to pe rform the available work as determined by the City. No new emplryees shall be hired until all employees on layoff status desiring 't~ ,·eturn to work have been recalled. The recall list shall termin a t~ after one (1) year. ARTICLB 27. LEA~~ OF ABSENCE (WITHOUT PAY) Eligibility Perma~ent employees may be granted a leave of absence without pay for rea~~ns of education which are allied to the duties of the City, settlement of an estate, child rare, serious illness of a member of the employee's f amily, or to attend Englewood Employees• Aosociation activities, but sh&ll not be u,,ed for the purpose of obtaining employment elsewhere. Leave without pay shall l't ul exceed six (6) months of any year but may be extended upon request for an additional six (6) months. The total leave time shall not exceed one year. Upon return from approved leave, the employee will be restored to their former position if available, or to a comparable position for which the employee is qualified. During periods of unpaid leave, the employees shall not continue to accrue service credit or be eligible for any City benefits. However, an employee who has been granted a leave of absence, may participate in l i :e, dental and health insurance programs under Article~ i 2, 23, and 24 at his/her own expense for the period of the approvsd leave; monthly premiums must be paid in advance in order to maintain such coverage. -17 - Application tor Leave A reque ■t for a leave of abaence without pay 5hall be aubmitt■d in writing by the employee to the employee'■ department head. The reque ■t ■hall indicate the reason the leave of ab ■ence ia being reque ■ted and the approximate length of leave time requested. consideration ot Leave RegueEt The department head shall grant or deny leave request ■, taking into con■ideration the department's work force, work load and the employee•• request. Failure to Return If an employ ,,e fails to return by the date of leave expiration, the < ,n ,loyae shall be considered to have voluntarily resigned from the ■ervice of the City. AR'l'ICLB 28. ORIBVAIICB PROCEDURB A grievance is defined as a claim or dispute by an employee covered by the terms of thi s Contract concerning an alleged violation of a specific provision of this Contract. The employee shall be required to follow the procedure as set out below. A. "Work Day" means calendar days exclusive of Saturday■, Sundays, and City recognized holidays. lliP-1 If the employee is unable to settle the grievance or dispute orally and informally through hi3/her immediate supervisor within rive (5) working days of the date of the occurrence of the grievance, or the employee's knowledge of it, the employee may, within the succeeding five (5) work days, file a written grievance with hie/her supervisor . The supervisor shall attempt to adjust the matter and shall respond in writing to the employee within five (5) work day ■• ~ If the an ■wer ia not satisfactory, the matter shall be presented in writing by t he employee to the department head within five (5) work day■ following receipt of the supervisor's reaponse. The department head shall respond in writing to the employee within five (5) work day ■• -18 - u "' ,, 1, ,., I ••\._., It the grievance still remains unadjusted, it shall be presented by the employee to the City Manager in writing within tiva (5) work days following rec o ipt ot the response ot tht3 department head . The City Manager or his/her designated representative shall respond in writing within ten (10) work days. ruu It the grievance is s~.ill unsettled , the Englewood Employees " sociat..ion or bi.rgaining uni+-. emp loyee, within ten (10) work days a lter the re?lY of th a City Manager or his/her designate d r epre3Qntative , may, by written notice, request the matter be heard ~y the Career Service Bbard. The Caree r arv ice Board shall be requested to l.ssue a decis i on with in t:hir"-Y (30 ) days attar conr.lusi on of testimony and argument . Each party shall be respons i ble for compensation to its own representatives and .:i tness&s . Failure by !:he Englewood Employees Association or an e:n ployee tc comply with any time limitation shall constitute a s :,ttlement ot the grievance. Should the employer not respond within the prescribed t ime, the grievance will automatically proceed to the next step . Authority of career servi ce Board The Career Service Board shall huve no power to add to or subtract from or change the terms of this Contract, The written decision of the Board shall be final and binding upon the parties . The Board shall limit its decision strictly to the grievance submitted, which has been properly processed through the grievance procedure outlined, Grievance Option It is agre ed that should the appeal procedure a s provided under 138:4 of the City Charter or appl i cable City ordinance is utilized, recourse to the grievance procedure included in this Article shall be waived . Processing Grievance During Work i ng Hours Grievances may be investigated and processed by the employee or designated employee representative during working hours , within reasonable time limits, without loss of pay , provided notice is given and the work load permits. NOTE: For legal authority see 3-2-1 & 2 and 3-lM-3 of the City Code. -19 - ARTICLE at . LETTER or CORRECTIVE ACTION wri t ten c,.,uective Action A. Whe'1 t he supervisor determines that a written corrective act o , i s appropriate and necessary, the corrective action sha l i,,, addra ■sed to the employee and ■hall inclu:1a the vic,11t':l on 1 the specitic behav ior and the dates of the behavior (wh ~n a ppropriate) that support the charge; the warning that continc ance of this behavior will result in disciplinary act ion1 and an offer of assistance in correcting the behavior , B. A signed copy of the corrective action by the supervisor shall be i n..:J.uded in the employee's ofticial personnel file in the Emp loyoe Relati ons Office, and the employee shall have the oppr :tunity to submit written comments in response to the cor rewtive action to be included in the file. Af ter a period of on ~ (1) year from the date of the filing of the written corr.octive action, the supervisor shall review said letter and pr ovide a follow-up letter indicating tha status of the wr itton corrective action, c. D, If t ,1e corrective actions was for unacceptab le behavior such as absenteeism, tardi ne s s, or rules violations and 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 baa occurred during the one (1) year period and that the corrective action has oeen removed from the employee's personnel file. The employee retains the right through the Association to an administ rative review of the written corrective action. An Administrative Review Board consisting of the Director of Employee Relations , the Assistant City Manager, Association President and two (2) other Association representatives designated by the As s ociation shall make up the Administrative Review Board. Thia Board shall be advisory to the Departmental Director, and its written findings shall be placed in the employee's personnel file. This Article shall not be grievable under this Contract. ARTICLE 30, DUES DEDUCTION A. The City agrees to deduct the Englewood Employees Agsoc l ation dues each pay period from the pay of those employees who individually reque0t in writing that such deductions be made, subject to the garnishment laws of the 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 -20 - .., .... I I J r- 1, -I '~ ) ,... deductions of all employees shall be remitted together with an itemized statement to the Treasurer by the 15th of the succeeding month, ef er such deductions ere made. The authorization shall be revocable during the term of t he contract, upon a thirty-day (30) written notice by the em ployee to the City Finance Director, B, If no wages ere paid en authorized employee on the last pay period of a given pay period, deduction for that pay period will be made from any wages which may be paid to him/her on the next succeeding final monthly City pay period. It i ■ expressly underatood that the City assumes no liability and shall not be liable for the collection or payment to the Engle~ood Employees Association of any dues during any time that an e~ployee is not actually working for the City and actually on the payroll of the City. In the event of error on the check-off list, the City will not be responsible to make adjus•~ments, until notified by the Treasurer of the Englewood Employees Association. c. The Englewood Employees Aseociation shall indemnify and hold the City harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken b y the City under the provision of this Article. D, Changes in the dues amount to be dedu cted shall be limited to two (2) changes each year, providing a thirty (30) day written notice is provided to the City Finance Director. E. Should the change in the deduction amount or method requi r e a computer programming change, the Englewood Employees Associa tion 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 Association shall be made t.:, the City Finance Director within ten (10) days of receipt of 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 management meetings; post Englewood Emplc1ees Associati.:,n notices on city designated bulletin boards; solicit Englewood Employees Association memberships during employee's non-work time; and represent employees on grievances and negotiations. One (l) employee representative from the Utilities Department and one (l) employee representat i ve from the Wa.-'.:.'lwater Treatment Plant will be allowed one (l) houi· time off from work with pay each month lo attend monthly association meetings. -21 - ll'l'ICLII 32, STAIIDBY PAY All employaaR covered by thi• Contract and a••ign•d •tandby duty •hall be compen•ated at a rat• equal to eight (8) hour• at hi•/her regular rate of pay tor one week of atandby duty, ARTICLII 33, CALL BACK Any time an employee on oft-duty atatu ■ i• called back to work he/•he shall be credited with a minimum of two (2) hours pay at the .~te of one and one-half (l 1/2) times his/her regular hourly rate. Al!TlCLII 34, !!XCLOSIVENUS OP CONTRACT The city and the Association agree that the terma and p ~ovisions herein contained constitute the entire Contract between th,, parties. The City and the Association agree that all na ~otiable items have been discussed during the negotiation■ lRading to this Contract and, therefore, agree that negotiation■ w!l l not be reopened on any item during the life of this Contract, e ~cept by mutual agreement of the parties. IN WITNESS WHEREOF, the parties have caused this Contract to be ~~gned by their resvective representatives/ and their signatures placed thereon, on this ~ day of u ,7ET:.;_ . ._; , 1990 at Englewood, Colorado, ENGLEWOOD EMPLOYEES ASSOCIATION A ~~y Manager -22 - ,-, I ... r L.. '' L